WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
Section 39-80-10. As used in this chapter: (1)(a) "AdvertisementAdvertisement(1)(a) "Advertisement" means any written or oral statement, illustration, or depiction that is displayed in exchange for monetary or other valuable consideration if the written or oral statement, illustration, or depiction: (i) promotes the sale or use of a good or service; or (ii) is designed to increase interest in a brand, good, or service. (b) "Advertisement" includes access to data between the chatbot provider and a brand, good, or service.S.C. Code § 39-80-10(1)" means any written or oral statement, illustration, or depiction that is displayed in exchange for monetary or other valuable consideration if the written or oral statement, illustration, or depiction: (i) promotes the sale or use of a good or service; or (ii) is designed to increase interest in a brand, good, or service. (b) "AdvertisementAdvertisement(1)(a) "Advertisement" means any written or oral statement, illustration, or depiction that is displayed in exchange for monetary or other valuable consideration if the written or oral statement, illustration, or depiction: (i) promotes the sale or use of a good or service; or (ii) is designed to increase interest in a brand, good, or service. (b) "Advertisement" includes access to data between the chatbot provider and a brand, good, or service.S.C. Code § 39-80-10(1)" includes access to data between the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) and a brand, good, or service. (2)(a) "Affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2)" means a clear affirmative act that signifies a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4), if: (i) The request is provided to the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) with disabilities. (iv) The request is made available to the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) in each language in which the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) provides a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3). (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2) to an act or practice may not be inferred from the inaction of the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) or the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s continued use of a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3). (b) "Affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2)" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patternsDark pattern"Dark pattern" means a user interface that is designed or manipulated to subvert or impair a user's autonomy, decision making, or choice.S.C. Code § 39-80-10(6). (3) "ChatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3)" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence. (4) "Chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4)" means any person that creates, distributes, or otherwise makes a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) available to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (5) "Chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5)" means: (a) input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) or a record of the input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8); and (b) output data that is generated by a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) or from interactions with a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3). (6) "Dark patternDark pattern"Dark pattern" means a user interface that is designed or manipulated to subvert or impair a user's autonomy, decision making, or choice.S.C. Code § 39-80-10(6)" means a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) interface that is designed or manipulated to subvert or impair a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s autonomy, decision making, or choice. (7) "Deidentified dataDeidentified data"Deidentified data" means information that: (a) cannot reasonably be used to infer or derive the identity of a user; (b) does not identify a user; and (c) is not linked or is not reasonably linkable to a user.S.C. Code § 39-80-10(7)" means information that: (a) cannot reasonably be used to infer or derive the identity of a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); (b) does not identify a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); and (c) is not linked or is not reasonably linkable to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (8) "Input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8)" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) by a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (9) "ModelModel"Model" means an engineered or machine-based system underlying a chatbot that is based on the input data that it receives and that can infer how to generate output data that can influence physical or virtual environments.S.C. Code § 39-80-10(9)" means an engineered or machine-based system underlying a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) that is based on the input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) that it receives and that can infer how to generate output data that can influence physical or virtual environments. (10)(a) "Personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10)" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); or (ii) a device that identifies or is linked or is reasonably linkable to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (b) "Personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10)" does not include deidentified dataDeidentified data"Deidentified data" means information that: (a) cannot reasonably be used to infer or derive the identity of a user; (b) does not identify a user; and (c) is not linked or is not reasonably linkable to a user.S.C. Code § 39-80-10(7) or publicly available informationPublicly available information(11)(a) "Publicly available information" means information that has been lawfully made available to the public subject to a public records request. (b) "Publicly available information" does not include: (i) obscene items; (ii) biometric data; (iii) personal data that is created through the combination of personal data and publicly available information; (iv) genetic data, unless the genetic data was made available to the public by the user to whom the genetic data pertains; (v) information that is made available to the public by a user who uses a website or online platform on which the user has restricted the information to a specific audience; or (vi) intimate images that are either authentic or computer generated and that are known to be nonconsensual.S.C. Code § 39-80-10(11). (11)(a) "Publicly available informationPublicly available information(11)(a) "Publicly available information" means information that has been lawfully made available to the public subject to a public records request. (b) "Publicly available information" does not include: (i) obscene items; (ii) biometric data; (iii) personal data that is created through the combination of personal data and publicly available information; (iv) genetic data, unless the genetic data was made available to the public by the user to whom the genetic data pertains; (v) information that is made available to the public by a user who uses a website or online platform on which the user has restricted the information to a specific audience; or (vi) intimate images that are either authentic or computer generated and that are known to be nonconsensual.S.C. Code § 39-80-10(11)" means information that has been lawfully made available to the public subject to a public records request. (b) "Publicly available informationPublicly available information(11)(a) "Publicly available information" means information that has been lawfully made available to the public subject to a public records request. (b) "Publicly available information" does not include: (i) obscene items; (ii) biometric data; (iii) personal data that is created through the combination of personal data and publicly available information; (iv) genetic data, unless the genetic data was made available to the public by the user to whom the genetic data pertains; (v) information that is made available to the public by a user who uses a website or online platform on which the user has restricted the information to a specific audience; or (vi) intimate images that are either authentic or computer generated and that are known to be nonconsensual.S.C. Code § 39-80-10(11)" does not include: (i) obscene items; (ii) biometric data; (iii) personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) that is created through the combination of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) and publicly available informationPublicly available information(11)(a) "Publicly available information" means information that has been lawfully made available to the public subject to a public records request. (b) "Publicly available information" does not include: (i) obscene items; (ii) biometric data; (iii) personal data that is created through the combination of personal data and publicly available information; (iv) genetic data, unless the genetic data was made available to the public by the user to whom the genetic data pertains; (v) information that is made available to the public by a user who uses a website or online platform on which the user has restricted the information to a specific audience; or (vi) intimate images that are either authentic or computer generated and that are known to be nonconsensual.S.C. Code § 39-80-10(11); (iv) genetic data, unless the genetic data was made available to the public by the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) to whom the genetic data pertains; (v) information that is made available to the public by a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) who uses a website or online platform on which the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) has restricted the information to a specific audience; or (vi) intimate images that are either authentic or computer generated and that are known to be nonconsensual. (12) "ProcessProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12)" or "processing" means any operation or set of operations that are performed on personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) including the use, storage, disclosure, analysis, deletion, or modification of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8). (13)(a) "ProfilingProfiling(13)(a) "Profiling" means to process personal data or input data to classify or designate personality traits and behavioral characteristics of a user. (b) "Profiling" does not include processing chat logs for user safety or to otherwise comply with this chapter.S.C. Code § 39-80-10(13)" means to processProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12) personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) to classify or designate personality traits and behavioral characteristics of a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (b) "ProfilingProfiling(13)(a) "Profiling" means to process personal data or input data to classify or designate personality traits and behavioral characteristics of a user. (b) "Profiling" does not include processing chat logs for user safety or to otherwise comply with this chapter.S.C. Code § 39-80-10(13)" does not include processing chat logsChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) for userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) safety or to otherwise comply with this chapter. (14)(a) "SellSell(14)(a) "Sell" means: (i) the exchange of personal data or input data for monetary or other valuable consideration; or (ii) to make personal data or input data available to a third party for monetary or other valuable consideration. (b) "Sell" does not include: (i) the disclosure of personal data or input data to a third party that processes the personal data or input data on behalf of the chatbot provider; (ii) the disclosure of personal data or input data where the user provides affirmative consent and directs the chatbot provider to disclose the personal data or input data or intentionally uses the chatbot provider to interact with a third party; or (iii) the disclosure of personal data or input data that the user intentionally made available to the public through social media and did not restrict the information to a specific audience.S.C. Code § 39-80-10(14)" means: (i) the exchange of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) for monetary or other valuable consideration; or (ii) to make personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) available to a third party for monetary or other valuable consideration. (b) "SellSell(14)(a) "Sell" means: (i) the exchange of personal data or input data for monetary or other valuable consideration; or (ii) to make personal data or input data available to a third party for monetary or other valuable consideration. (b) "Sell" does not include: (i) the disclosure of personal data or input data to a third party that processes the personal data or input data on behalf of the chatbot provider; (ii) the disclosure of personal data or input data where the user provides affirmative consent and directs the chatbot provider to disclose the personal data or input data or intentionally uses the chatbot provider to interact with a third party; or (iii) the disclosure of personal data or input data that the user intentionally made available to the public through social media and did not restrict the information to a specific audience.S.C. Code § 39-80-10(14)" does not include: (i) the disclosure of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) to a third party that processesProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12) the personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) on behalf of the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4); (ii) the disclosure of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) where the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) provides affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2) and directs the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) to disclose the personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) or intentionally uses the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) to interact with a third party; or (iii) the disclosure of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) or input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) that the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) intentionally made available to the public through social media and did not restrict the information to a specific audience. (15)(a) "TrainingTraining(15)(a) "Training" means the use of input data to adjust or modify a model. (b) "Training" does not include: (i) tests that are used to identify risk of harm to users; (ii) adjustments or modifications that are made to address identified risk of harm to users; or (iii) any action that is necessary to comply with this article or as otherwise required by law.S.C. Code § 39-80-10(15)" means the use of input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) to adjust or modify a modelModel"Model" means an engineered or machine-based system underlying a chatbot that is based on the input data that it receives and that can infer how to generate output data that can influence physical or virtual environments.S.C. Code § 39-80-10(9). (b) "TrainingTraining(15)(a) "Training" means the use of input data to adjust or modify a model. (b) "Training" does not include: (i) tests that are used to identify risk of harm to users; (ii) adjustments or modifications that are made to address identified risk of harm to users; or (iii) any action that is necessary to comply with this article or as otherwise required by law.S.C. Code § 39-80-10(15)" does not include: (i) tests that are used to identify risk of harm to usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); (ii) adjustments or modifications that are made to address identified risk of harm to usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); or (iii) any action that is necessary to comply with this article or as otherwise required by law. (16) "UserUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)" means any natural person regardless of age.
Section 39-80-10 establishes sixteen definitions for the chapter. Notable features include: the broad definition of 'chatbot' covering any algorithmic or automated system that simulates interpersonal interactions (not limited to text-based AI); a demanding 'affirmative consent' standard that prohibits inference from inaction or broad terms of use and requires equal prominence for decline options; an expansive 'chatbot provider' definition covering creators, distributors, and anyone who makes a chatbot available; and a 'training' definition that excludes safety testing and compliance activities.
(A)(1) 1 A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) may not: (1) processProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12) personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) to inform a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) output unless processing personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) is necessary to fulfill an express request that is made by a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) and the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) provides affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2);
(A)(2) 2 processProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12) a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5): (a) to determine whether to display an advertisementAdvertisement(1)(a) "Advertisement" means any written or oral statement, illustration, or depiction that is displayed in exchange for monetary or other valuable consideration if the written or oral statement, illustration, or depiction: (i) promotes the sale or use of a good or service; or (ii) is designed to increase interest in a brand, good, or service. (b) "Advertisement" includes access to data between the chatbot provider and a brand, good, or service.S.C. Code § 39-80-10(1) for a product or service to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); (b) to determine a product or service or category of a product or service to advertise to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); or (c) to customize an advertisementAdvertisement(1)(a) "Advertisement" means any written or oral statement, illustration, or depiction that is displayed in exchange for monetary or other valuable consideration if the written or oral statement, illustration, or depiction: (i) promotes the sale or use of a good or service; or (ii) is designed to increase interest in a brand, good, or service. (b) "Advertisement" includes access to data between the chatbot provider and a brand, good, or service.S.C. Code § 39-80-10(1) for presentation to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16);
(A)(3)(a)–(b) 3 processProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12) a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) and personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10): (a) if the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) knows or reasonably should have known that based on knowledge of objective circumstances the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) is a minor and the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s parent or legal guardian did not provide affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2); (b) for trainingTraining(15)(a) "Training" means the use of input data to adjust or modify a model. (b) "Training" does not include: (i) tests that are used to identify risk of harm to users; (ii) adjustments or modifications that are made to address identified risk of harm to users; or (iii) any action that is necessary to comply with this article or as otherwise required by law.S.C. Code § 39-80-10(15) purposes if the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) knows or reasonably should have known that based on knowledge of objective circumstances the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) is a minor and the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s parent or legal guardian did not provide affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2);
(A)(3)(c) 4 for trainingTraining(15)(a) "Training" means the use of input data to adjust or modify a model. (b) "Training" does not include: (i) tests that are used to identify risk of harm to users; (ii) adjustments or modifications that are made to address identified risk of harm to users; or (iii) any action that is necessary to comply with this article or as otherwise required by law.S.C. Code § 39-80-10(15) purposes if the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) is an adult, unless the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) first obtains affirmative consentAffirmative consent(2)(a) "Affirmative consent" means a clear affirmative act that signifies a user's freely given information and unambiguous authorization for an act or practice in response to a specific request from a chatbot provider, if: (i) The request is provided to the user in a clear and conspicuous stand-alone disclosure. (ii) The request includes a description that is written in easily understandable language. (iii) The request is made in a manner that is reasonably accessible and available by users with disabilities. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) The option to decline consent is at least as prominent as the option to give consent, and the option to decline consent takes the same or fewer number of steps as the option to give consent. (vi) Affirmative consent to an act or practice may not be inferred from the inaction of the user or the user's continued use of a chatbot. (b) "Affirmative consent" does not include: (i) acceptance given by general or broad terms of use; (ii) hovering over, muting, pausing, or closing a given piece of content; (iii) an agreement that is obtained through the use of a false, fraudulent, or materially misleading statement or representation; or (iv) an agreement that is obtained through the use of other dark patterns.S.C. Code § 39-80-10(2);
(A)(3)(d)–(A)(4) 5 to engage in profilingProfiling(13)(a) "Profiling" means to process personal data or input data to classify or designate personality traits and behavioral characteristics of a user. (b) "Profiling" does not include processing chat logs for user safety or to otherwise comply with this chapter.S.C. Code § 39-80-10(13) beyond what is necessary to fulfill an express request; (4) profile a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) based on any classification or designation of the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s personality or behavioral characteristic beyond what is necessary to fulfill an express request made by the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16);
(A)(5) 6 sellSell(14)(a) "Sell" means: (i) the exchange of personal data or input data for monetary or other valuable consideration; or (ii) to make personal data or input data available to a third party for monetary or other valuable consideration. (b) "Sell" does not include: (i) the disclosure of personal data or input data to a third party that processes the personal data or input data on behalf of the chatbot provider; (ii) the disclosure of personal data or input data where the user provides affirmative consent and directs the chatbot provider to disclose the personal data or input data or intentionally uses the chatbot provider to interact with a third party; or (iii) the disclosure of personal data or input data that the user intentionally made available to the public through social media and did not restrict the information to a specific audience.S.C. Code § 39-80-10(14) a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s chat logsChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5);
(A)(6) 7 retain a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) for more than ten years, unless retention is necessary to comply with this chapter or otherwise required by law;
(A)(7) 8 discriminate or retaliate against a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16), including: (a) denying products or services to the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); (b) charging different prices or rates for products or services to the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); or (c) providing lower quality products or services to the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) for refusing to consent to the use of chat logsChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) or personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) for trainingTraining(15)(a) "Training" means the use of input data to adjust or modify a model. (b) "Training" does not include: (i) tests that are used to identify risk of harm to users; (ii) adjustments or modifications that are made to address identified risk of harm to users; or (iii) any action that is necessary to comply with this article or as otherwise required by law.S.C. Code § 39-80-10(15) purposes.
(B) 9 A userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) has a right to access the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s own chat logsChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) at any time. A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) shall provide a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s own chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) on request by the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) and shall provide the chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) in a downloadable and easy to read format. A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) may not discriminate or retaliate against a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) that requests the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s chat.
(C) A governmental entity may not compel the production of or access to input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) or chat logsChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) from a chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4), except as pursuant to a wiretap warrant.
(D) 10 A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) shall develop, implement, and maintain a comprehensive data security program that contains administrative, technical, and physical safeguards that are proportionate to the volume and nature of personal dataPersonal data(10)(a) "Personal data" means: (i) any information, including derived data, that is linked or is reasonably linkable either by itself or in combination with other information to an identified or identifiable user; or (ii) a device that identifies or is linked or is reasonably linkable to a user. (b) "Personal data" does not include deidentified data or publicly available information.S.C. Code § 39-80-10(10) and chat logsChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) that are maintained by the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4). The program must be written and made publicly available on the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4)'s website.
(E) 11 A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) shall take the necessary physical, administrative, and technical measures to prevent deidentified dataDeidentified data"Deidentified data" means information that: (a) cannot reasonably be used to infer or derive the identity of a user; (b) does not identify a user; and (c) is not linked or is not reasonably linkable to a user.S.C. Code § 39-80-10(7) from being reidentified and to processProcess"Process" or "processing" means any operation or set of operations that are performed on personal data or input data including the use, storage, disclosure, analysis, deletion, or modification of personal data or input data.S.C. Code § 39-80-10(12), retain, and transfer deidentified dataDeidentified data"Deidentified data" means information that: (a) cannot reasonably be used to infer or derive the identity of a user; (b) does not identify a user; and (c) is not linked or is not reasonably linkable to a user.S.C. Code § 39-80-10(7) without any reasonable means of reidentification.
Section 39-80-20 imposes the bill's core data governance restrictions on chatbot providers. Subsection (A) establishes a series of prohibitions: personal data may not be processed to inform chatbot output without affirmative consent; chat logs may not be used for advertising targeting or customization; minor users' data may not be processed without parental affirmative consent; adult user data may not be used for training without affirmative consent; profiling beyond what is necessary for an express request is prohibited; sale of chat logs is prohibited; chat logs must be deleted after ten years; and providers may not discriminate against users who refuse consent.
Subsection (B) grants users a right to access and download their chat logs. Subsection (C) limits government compulsion of chat logs to wiretap warrants. Subsection (D) requires a comprehensive, written, publicly available data security program. Subsection (E) requires measures to prevent reidentification of deidentified data.
(A)(1) 12 A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) may not: (1) use any term, letter, or phrase in the advertising, interface, or output data of a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) that states or implies that the advertising, interface, or output data of a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) is endorsed by or equivalent to any of the following: (a) any certified, registered, or licensed professional; (b) a licensed legal professional; (c) a certified public accountant; (d) an investment advisor or an investment advisor representative; or (e) a licensed fiduciary;
(A)(2) 13 include any representation in the advertising, interface, or output data of a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) that states or implies the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16)'s input dataInput data"Input data" means information including texts, photos, audio files, video files, and any type of file that is provided to a chatbot by a user.S.C. Code § 39-80-10(8) or chat logChat log"Chat log" means: (a) input data or a record of the input data; and (b) output data that is generated by a chatbot or from interactions with a chatbot.S.C. Code § 39-80-10(5) is confidential.
(B) 14 A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) shall provide clear, conspicuous, and explicit notice to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) that the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) is interacting with a chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) rather than a natural person before the chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) may generate any output data. The chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) shall include this notice at the beginning of each chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) communication with a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) every hour thereafter and each time a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) asks whether the chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) is a natural person. The text of the notice must: (1) be written in the same language that the chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) communicates with the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) and must appear in a font size that is easily readable by an average userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) and is not smaller than the largest font size used for other chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) communications; and (2) must comply with the rules adopted and the regulations promulgated by the Attorney General pursuant to Section 39-80-40.
(C) 15 In compliance with the rules adopted and the regulations promulgated by the Attorney General pursuant to Section 39-80-40, a chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) shall: (1) on a monthly basis: (a) evaluate its chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) for potential risk of harm to usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); and (b) make information about its chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) publicly available on its website; and (2) mitigate any risk of harm to usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16).
Section 39-80-30 addresses three distinct obligation categories. Subsection (A) prohibits chatbot providers from using terms that imply endorsement by or equivalence to licensed professionals and from implying that user input data or chat logs are confidential. Subsection (B) requires clear, conspicuous, and explicit AI identity disclosure before any chatbot output, repeated hourly and on demand. Subsection (C) imposes a monthly risk-of-harm evaluation obligation with public website disclosure and a duty to mitigate identified risks.
The AI identity disclosure in subsection (B) is notably aggressive — it requires notice before any output generation, hourly thereafter, and on-demand, with font-size requirements and multilingual presentation in the chatbot's operating language.
(A)–(B) The Attorney General shall adopt rules and promulgate regulations to implement this chapter. The rules and regulations must: (1) describe the form and content of the notice that is required pursuant to Section 39-80-30; (2) provide an example template for the notice that is required pursuant to Section 39-80-30; (3) describe any potential risk of harm to usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16); and (4) provide requirements for a chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) to implement to reduce the risk of harm to usersUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (B) The Attorney General may adopt any other rules or promulgate regulations necessary to implement this chapter.
Section 39-80-40 delegates to the Attorney General the authority to adopt rules and promulgate regulations implementing the chapter. Required rulemaking must cover the form and content of the AI identity notice, provide an example template, describe potential risks of harm to users, and provide requirements for reducing those risks. The AG also has general residual authority to adopt any other rules necessary for implementation.
(A)–(C) 16 A chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) is considered a product for the purposes of a product liability action. (B) A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) has a duty to ensure that the use of the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) does not cause injury to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (C) A chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) is liable for any injury that the chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) causes to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) if: (1) the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) exercised all reasonable care in the design and distribution of the chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3); or (2) the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) did not directly distribute the chatbotChatbot"Chatbot" means an algorithmic or automated system that generates information through text, audio, image, or video in a manner that simulates interpersonal interactions or conversations including artificial intelligence.S.C. Code § 39-80-10(3) to the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) or otherwise enter into a contractual relationship with the userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16).
Section 39-80-50 classifies chatbots as products for product liability purposes and imposes on chatbot providers a duty to ensure that their chatbot does not cause injury to users. Subsection (C) establishes what appears to be absolute liability — the chatbot provider is liable for any injury a chatbot causes to a user even if the provider exercised all reasonable care and even if the provider did not directly distribute the chatbot to the user or have a contractual relationship with the user. This eliminates both the due-care defense and the privity defense.
(A)–(C) The Attorney General or a county attorney may bring a civil action against a chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4) that violates this chapter and that includes any of the following: (1) enjoining an act or practice in violation of this chapter; (2) enforcing compliance with this chapter or a rule adopted or regulation promulgated pursuant to this chapter; (3) obtaining damages, civil penalties, restitution, or other remedies; or (4) obtaining reasonable attorney's fees and other litigation costs. (B) A violation of Section 39-80-20 or 39-80-30 constitutes an injury in fact to a userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16). (C) A userUser"User" means any natural person regardless of age.S.C. Code § 39-80-10(16) who is injured by a violation of Section 39-80-20 or 39-80-30 may bring a civil action against the chatbot providerChatbot provider"Chatbot provider" means any person that creates, distributes, or otherwise makes a chatbot available to a user.S.C. Code § 39-80-10(4), and a court of competent jurisdiction may award a prevailing plaintiff any of the following: (1) a civil penalty of not more than five thousand dollars per violation of this chapter; (2) punitive damages for reckless and knowing conduct; (3) injunctive relief; (4) declaratory relief; or (5) reasonable attorney's fees and litigation costs.
Section 39-80-60 establishes the enforcement framework. The Attorney General or a county attorney may bring civil actions for injunction, compliance enforcement, damages, civil penalties, restitution, or attorney's fees. Subsection (B) deems any violation of Section 39-80-20 or 39-80-30 an injury in fact, effectively creating per se standing for private plaintiffs. Subsection (C) creates a private right of action for injured users, with remedies including up to $5,000 per violation, punitive damages for reckless and knowing conduct, injunctive relief, declaratory relief, and attorney's fees.