South Carolina Code 26-6-120. Satisfying law requiring a record to be maintained; checks
(1) accurately reflects the information in the record after it was first generated in its final form as an electronic record or otherwise; and
Terms Used In South Carolina Code 26-6-120
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See South Carolina Code 26-6-20
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See South Carolina Code 26-6-20
- Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See South Carolina Code 26-6-20
- Information: means data, text, images, sounds, codes, computer programs, software, databases, or other forms for the communication or reception of knowledge. See South Carolina Code 26-6-20
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity. See South Carolina Code 26-6-20
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 26-6-20
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 26-6-20
(2) remains accessible for later reference.
(B) A requirement to retain a record in accordance with subsection (A) does not apply to information whose only purpose is to enable the record to be sent, communicated, or received.
(C) A person may satisfy subsection (A) by using the services of another person if the requirements of that subsection are satisfied otherwise.
(D) A law requiring a record to be presented or retained in its original form, or providing consequences if the record is not presented or retained in its original form, is satisfied by an electronic record retained in accordance with subsection (A).
(E) A law requiring retention of a check is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (A).
(F) A record retained as an electronic record in accordance with subsection (A) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose.
(G) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.