South Carolina ACCESS TO STORED COMMUNICATIONS is a program overseen by the South Carolina Law Enforcement Division (SLED) that allows law enforcement officers to access stored communications, including emails, texts, and other internet-based communications. This program is intended to help law enforcement investigate crimes by providing them with access to information that may be pertinent to an investigation. There are two main types of South Carolina ACCESS TO STORED COMMUNICATIONS: court-ordered access and voluntary access. Court-ordered access is used when law enforcement officers must obtain a court order to access stored communications. Voluntary access is used when law enforcement officers have consent from the user to access stored communications.
South Carolina ACCESS TO STORED COMMUNICATIONS
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(A) The Attorney General or any solicitor may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device by the South Carolina Law Enforcement Division or any law enforcement entity of a political subdivision of this State.
In-person conversations The consent of at least one party to an in-person conversation is required to record ?any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation.? S.C. Code §§ 17-30-15, 17-30-30.
(A)(1) A person has a right to inspect, copy, or receive an electronic transmission of any public record of a public body, except as otherwise provided by Section 30-4-40, or other state and federal laws, in ance with reasonable rules concerning time and place of access.
SECTION 17-30-10. Interception of wire, electronic, or oral communications authorized.
?Catch-All? See generally S.C. Code Ann. § 17-27-20, which allows the provisions of the Act to be invoked only by one claiming the right to have a sentence vacated, set aside, or corrected.
Stored Communications Act (SCA) The SCA prohibits providers from sharing electronic communications with any person or entity but also contains exceptions, such as when the government compels the information.
(C) It is lawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception.
The Stored Communications Act (SCA), enacted in 1986, provides statutory privacy protection for customers of network service providers. The SCA controls how the government can access stored account information from entities such as Internet Service Providers (ISPs).