South Carolina Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in South Carolina, with full citations and the original source on every page.
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When a South Carolina special purpose district sells services outside its statutory boundary in competition with private companies, can it shield its customer list from a FOIA request as a 'trade secret'?
Probably not. The trade secrets exemption in S.C. Code § 30-4-40(a)(1) is narrowly construed because FOIA is a remedial statute meant to favor disclosure. The Court of Appeals' Campbell decision and f…
Does South Carolina's Family Privacy Protection Act force a state licensing agency to hand over licensees' personal email addresses to a trade association that wants to promote continuing-education classes?
No. South Carolina's Family Privacy Protection Act does not require the Department of Labor, Licensing and Regulation to release licensees' personal email addresses, even when a third party says it wa…
Can a city council get legal advice outside a public meeting and bind future councils to a city attorney's term?
On the open-meetings question, yes; on binding future councils, no. The Attorney General concluded the Freedom of Information Act does not restrict a city council or its members to requesting legal ad…
Can a school board close a school by quietly defunding it in the budget?
Maybe not without proper notice. The Attorney General agreed a board of education has authority to close and consolidate schools, but flagged a real FOIA problem with how the Berkeley County board did…
When is a nonprofit a 'public body' subject to South Carolina's FOIA because it gets public money?
It depends on how the public money flows. The Attorney General concluded the Uptown Greenwood Local Development Corporation is not a FOIA public body just because it gets accommodations-tax (A-Tax) fu…
Are police body camera videos and cleared misconduct records public under South Carolina's FOIA?
Mostly no. The Attorney General told the Criminal Justice Academy that video and audio recordings can count as public records in general, but body-worn camera footage is specifically not a FOIA public…
Does announcing a vague 'employment matter' satisfy South Carolina's FOIA before a public body goes into executive session?
Probably not. The AG cannot decide whether a specific meeting broke the law, but based on prior opinions and South Carolina court decisions it concluded a court would likely find that announcing only …
Does South Carolina's open records law require the prison system to release photos its tablets take of inmates?
Probably not. The Attorney General concluded that a court would likely treat the photos SCDC's tablets automatically take of inmates as 'security plans and devices,' which South Carolina law (§ 30-4-2…
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Attorney general opinions in South Carolina are written by the South Carolina Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.