In one paragraph
South Carolina's H 3401, 'Technology Transparency', would add Chapter 31 to Title 37. It would bar government entities from working with social media platforms on content moderation, give consumers rights to opt out of profiling with significant effects, require search engines to publish plain-language ranking parameters, and require data protection assessments. Introduced January 14, 2025 and referred to the House Judiciary Committee; it has not passed either chamber.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill has not been enacted. Very large for-profit platforms and data controllers would face opt-out, assessment and search ranking disclosure duties; the bill does not mention AI.
Key provisions
- Sec. 37-31-110: government officers and employees may not use their position to ask a platform to remove content or accounts, and government entities may not keep agreements with platforms for content moderation, with listed exceptions.
- The consumer data duties apply to a 'controller': a for-profit business with over $1 billion in global gross annual revenue that meets an online advertising, smart speaker or app store test.
- Sec. 37-31-140: consumers may opt out of targeted advertising, data sales, and profiling that produces legal or similarly significant effects; 'profiling' means solely automated processing of personal data.
- Sec. 37-31-190(D): search engine operators must publish a plain-language description of the main parameters affecting ranking; algorithms are not required to be disclosed.
- Sec. 37-31-220: data protection assessments are required for targeted advertising, data sales, risky profiling and sensitive data processing.
- Sec. 37-31-290: violations are unfair and deceptive trade practices, enforced by the Attorney General with civil penalties of up to $50,000 per violation; no private cause of action.
- Takes effect upon approval by the Governor. Referred to the House Committee on Judiciary on January 14, 2025.
Latest legislative action
Jan 14, 2025. Referred to Committee on Judiciary
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| Clemmons | Primary |
| Cobb-Hunter | Primary |
| Garvin | Primary |
| Guffey | Primary |
| Pope | Primary |
Topics and industries
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error