(A) The following licensees are exempt from the provisions of Section 38-99-20: (1) a licensee with fewer than ten employees, including any independent contractors; (2) an employee, agent, representative, or designee of a licensee, who is also a licensee, is exempt from the provisions of Section 38-99-20 and need not develop its own information security program to the extent that the employee, agent, representative, or designee is covered by the information security program of the other licensee; and (3) a licensee subject to the Health Insurance Portability and Accountability Act, Pub.L. 104-191, 110 Stat. 1936, that has established and maintains an information security program pursuant to such statutes, rules, regulations, procedures, or guidelines established thereunder, will be considered to meet the requirements of Section 38-99-20, provided that the licensee is compliant with, and submits a written statement certifying its compliance with, the provisions of Section 38-99-20. (B) In the event that a licensee ceases to qualify for an exception, such licensee shall have one hundred and eighty days to comply with this chapter. HISTORY: 2018 Act No. sions of Section 38-99-20. (B) In the event that a licensee ceases to qualify for an exception, such licensee shall have one hundred and eighty days to comply with this chapter. HISTORY: 2018 Act No. 171 (H.4655), Section 3, eff January 1, 2019; 2019 Act No. 6 (S.360), Section 11, eff July 1, 2019.
South Carolina Legal Code