South Carolina

According to the South Carolina Press Association, the law clearly covers electronic records and government officials seem to abide by that standard. Attorney General opinions have found, however, that requesters may have to pay fees for processing of electronic information. Journalists there report inconsistencies in fees for electronic records. Chris Roberts, assistant business editor for The State in Columbia, says the law gives agencies leeway. "The kink in the state law says agencies don’t have to 'create' a document for us. In one instance, a state agency wouldn’t change one piece of an SQL statement to give me an entire database instead of trying to charge me $150 each for three years of data"

The law. The Freedom of Information Act defines a public record to include "cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics." S.C. Code Ann. § 30-4-20(c). The law grants a right "to inspect or copy" any public record that is not exempt from disclosure. §30-4-30(a).

Cases & opinions. Under the state Election Code, officials must provide a computer tape rather than a printout or microfiche so long as the requester is willing to pay the cost. The agency may not resist when producing the requested format. "Potential misuses of the tape by commercial exploitation" do not justify its denial to any requester willing to pay reasonable costs. The court did not decide how the same issue would be resolved under the open records law. Martin v. Ellisor, 223 S.E.2d 415 (S.C. 1976).

The FOI Act requires disclosure of information in a database on government employees, but similar information on private employees should be released only after consultation with private employers because of privacy concerns related to release of private employee salaries. 88 S.C. Op. Att’y Gen. 42 (May 26, 1988).

Fees. Fees may not exceed the actual cost of searching for or copying records. They must be furnished at the lowest possible cost and in a form that is both convenient and practical for use if it is equally convenient for the public body to provide the records in such form. Fees may be waived or reduced in the "public interest." Fees may not be charged for examining documents if they are subject to disclosure. A records custodian may charge a "reasonable hourly rate for making records available to the public and may require a reasonable deposit before searching or making copies." S.C. Code Ann. § 30-4- 30(b).