How do I file a public records request in South Carolina?
1. Statute. South Carolina Freedom of Information Act, S.C. Code §§ 30-4-10 to 30-4-165. Liberally construed for openness.
2. Who Can Request. Any person—no residency requirement (§ 30-4-30(A)).
3. Form of Request. Written; email and standard request forms accepted. Must reasonably describe records.
4. Agency Response Deadline. 10 business days to determine whether the request can be granted (20 business days for records over 24 months old) (§ 30-4-30(C)). Records must be produced within 30 calendar days from the determination (45 days for older records).
5. Fees. Hourly rate of the lowest-paid qualified employee who has the necessary skill for search, retrieval, and redaction, plus per-page copy cost not exceeding the prevailing commercial copy rate (§ 30-4-30(B)). Agency must give a written cost estimate; may require 25% deposit.
6. Exemptions. § 30-4-40: trade secrets, personnel information that would be an unwarranted privacy invasion, security plans, attorney-client privilege, attorney work product, real estate appraisals (pre-acquisition), confidential proprietary info, examination questions, deliberative material (limited), records of certain investigations.
7. Redaction. Agency must redact exempt info and produce remainder (§ 30-4-40(b)).
8. Denial & Appeal. Written denial citing the specific exemption required (§ 30-4-30(C)). No administrative appeal; proceed to court.
9. Court Action. Civil action in circuit court (§ 30-4-100). De novo review.
10. Penalties. Civil penalty up to $500 for failure to comply, plus contempt sanctions (§ 30-4-110). Attorney fees and costs to substantially prevailing requester (§ 30-4-100). Knowing violations by officials may constitute misdemeanor.
This is legal information, not legal advice.
- Agency misses 10/20-day determination or 30/45-day production deadline
- Records involve law enforcement, school district personnel, or municipal contracts
- You want civil penalties and attorney fees under § 30-4-100/110
- S.C. Code §§ 30-4-10 to 30-4-165 (South Carolina FOIA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.