South Carolina Freedom of Information Act

Response Timeline

No fixed statutory response deadline. Agencies must respond within a 'reasonable period.' No specific number of days is prescribed by statute.

No residency requirement. Any person may request public records under the South Carolina FOIA.

How to Submit a Request

Accepted Methods

• Written — Email, mail, or fax
• In person — Accepted at agency offices
• Online portal — Some agencies use online portals

Written requests recommended. Should describe records sought with reasonable specificity.

Required Elements

• Description of records sought
• Contact information for response

Optional Elements

• Preferred format
• Whether records primarily benefit the general public

Fees

Copy costs may not exceed prevailing commercial rate. Search and retrieval at prorated hourly salary of lowest paid capable employee. No charge for electronic transmission. Agency may require 25% deposit for large requests.

Fee Waivers

• Agency may waive or reduce fees if disclosure primarily benefits the general public

Agencies may waive or reduce fees if the disclosure primarily benefits the general public. No mandatory waiver categories.

Exemptions

• Trade secrets and proprietary commercial/financial information (§30-4-40(a)(1))
• Personal privacy information (§30-4-40(a)(2))
• Law enforcement investigative records (§30-4-40(a)(3))
• Proposed contractual arrangements and data (§30-4-40(a)(5))
• Employee compensation and benefits details (§30-4-40(a)(6))
• Attorney-client privileged communications (§30-4-40(a)(7))
• Security plans and vulnerability assessments
• Medical and psychiatric records
• Student educational records
• Sealed bids prior to opening

Exemptions are listed in §30-4-40. The burden of proof is on the agency to justify withholding. Exemptions should be narrowly construed in favor of disclosure.

Appeal Process

No administrative appeal body. Appeals go directly to circuit court. This makes South Carolina one of the states without an intermediary review mechanism between the agency and the courts.

Request Templates

Records Retention

S.C. Code Ann. Sections 30-1-10 through 30-1-170

View retention law →

Retention schedule catalog →

The SC Department of Archives and History provides general records retention schedules for state agencies, counties, municipalities, school districts, and special purpose districts. Use of general schedules no longer requires prior Archives approval before destruction.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — South Carolina →
• NFOIC State FOI Resources →