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Employee Privacy: South Carolina

Employee Privacy requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Meryl Gutterman, Nukk-Freeman & Cerra, P.C.


  • Under the South Carolina Homeland Security Act, employers must meet certain requirements in order to use an electronic, mechanical or other device to intercept oral communications. See Monitoring Employee Communications.
  • In South Carolina, an individual can assert a private cause of action in certain situations where his or her privacy is violated. South Carolina recognizes three separate causes of action relating to the invasion of an individual's privacy. See Common Law Invasion of Privacy Claims.
  • South Carolina law does not prohibit employers from asking applicants or employees about prior arrests or convictions, and employers are allowed to use such information in making employment decisions. See Background Checks.
  • South Carolina employers may conduct drug and alcohol testing of their employees or of prospective employees provided the employer maintains the employee's privacy rights. See Drug and Alcohol Testing.
  • Columbia has local requirements pertaining to employee privacy.See Local Requirements.