South Carolina

Definition of Public Record

South Carolina’s definition of records includes all records, no matter their physical characteristics, that were “prepared, owned, used, in the possession of, or retained by a public body.” ¹

Exemptions to Public Records

Exempt: Pending investigation documents; confidential attorney communications; identification of informants; certain bank and business transactions; and income tax returns. ²

Who Can Make The Request?

Anyone

Response Timeframe

15 days ³

Information on Fees

Agencies can charge fees, but they must not exceed the actual costs to provide the record. ⁴

Enforcement Mechanisms

There are no administrative appeals options. However, you can take the matter court. Those with prevailing challenges may be awarded attorney fees. In addition, willful violators are subject to escalating fines and potential jail time as a result of its misdemeanor status. However, there is no historical precedent for this, and to date there have only been not guilty verdicts rendered for those who claimed they had no knowledge of how they were breaking the law. ⁵

Attorney Fees

Yes, you can win attorney’s fees. ⁶