How to File a Public Records Request in South Carolina
The South Carolina Freedom of Information Act (SC FOIA), codified at S.C. Code Ann. §§ 30-4-10 through 30-4-165, guarantees every person the right to inspect, copy, or receive an electronic transmission of any public record held by a state or local government body. The law applies broadly to any entity supported in whole or in part by public funds, including municipalities, counties, school districts, and state agencies. Public bodies must provide an initial response to a records request within 10 business days for records up to 24 months old, and within 20 business days for older records. South Carolina's FOIA begins with a presumption of openness: records cannot be withheld unless a specific statutory exemption applies, and the burden falls on the agency — not the requester — to justify withholding any document.
The South Carolina Freedom of Information Act
- Statutory Citation
- S.C. Code Ann. §§ 30-4-10 through 30-4-165
- Response Deadline
- 10 business days
- Fee Provisions
- Under S.C. Code Ann. § 30-4-30(B), agencies may charge reasonable fees not exceeding the actual cost of search, retrieval, and redaction. Fees must be based on the hourly wage of the lowest-paid employee qualified to fulfill the request. Copy fees may not exceed the prevailing commercial rate, and copy charges generally do not apply to electronic records. Agencies must post a fee schedule online. Deposits, if required, may not exceed 25% of the reasonably anticipated total cost.
- Key Exemptions
- Major exemptions under S.C. Code Ann. § 30-4-40 include: pending law enforcement investigation records; correspondence and work products of legal counsel (attorney-client privilege); personal income tax returns; medical and hospital records; certain personnel records; records related to proposed contractual or business incentive negotiations; proprietary research data from higher education institutions; and records protected by other state or federal law. If a document contains both exempt and non-exempt material, the agency must separate and release the non-exempt portions.
- Appeal Process
- South Carolina does not require an administrative appeal before pursuing legal action. Under S.C. Code Ann. § 30-4-100, any citizen may file suit in the state circuit court for declaratory judgment and/or injunctive relief to enforce the FOIA. The action must be filed within one year of the alleged violation. Upon filing, the chief administrative judge must schedule an initial hearing within 10 days of service. If a requester prevails, the court may award reasonable attorney's fees and other litigation costs — unless the public body demonstrates good faith, which acts as a bar to the fee award under § 30-4-100(C).
- Ombudsman
- South Carolina does not have a dedicated public records ombudsman. The Governor's Office of Ombudsman (admin.sc.gov/ombudsman) handles general constituent complaints but is not specifically empowered to mediate FOIA disputes; formal enforcement is handled through the circuit courts under S.C. Code Ann. § 30-4-100.
Read the full text of the South Carolina Freedom of Information Act
City FOIA Guides in South Carolina
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in South Carolina?
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