Is South Carolina a one-party consent state?

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Yes, for both phone and in-person. § 17-30-30 carries the consent exception, and the definition of oral communication expressly carves out anything said at a public meeting. What sets South Carolina apart is the civil remedy: $500 a day or $25,000, the highest statutory damages found anywhere in this survey.

The short answer

Record your own meetings in South Carolina and the exception covers you. The reason to be careful about anything else is § 17-30-135, whose floor is twenty-five times the national norm.

The statute

S.C. Code §§ 17-30-20 and 17-30-30 hold the prohibited acts and the consent exception. Wire, oral and electronic are covered, so in-person is inside.

An expectation of privacy is an element, and the definition names public meetings expressly. § 17-30-15(2) defines oral communication as one "uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication".

What happens if you get it wrong

A felony. § 17-30-50(A) sets exposure at not more than five years or a fine not more than $5,000, or both. § 17-30-50(B) reduces first offences involving unscrambled radio communications not committed for unlawful purpose or commercial gain.

The private right of action carries the highest statutory damages found anywhere in this survey. § 17-30-135(A)(2) gives actual damages "but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater", subject to the liability limits in (F)(3), plus equitable and declaratory relief, punitive damages and reasonable fees and costs. Five-year limitations period, with a jury trial right. Note the (F)(3) cap cross-reference, which we did not read.

If the other person is in another state

Being one of the people in the conversation answers the question for South Carolina. It does not answer it for whoever is on the other end. No rule settles which state's law applies when the participants are in different places, more than one may apply at once, and courts have reached opposite results on comparable facts. If anyone on the call might be in an all-party state, the safe posture is theirs rather than yours. The general problem is on the US overview.

What to say

Nothing in South Carolina law requires you to say anything, which is a different thing from it being a good idea. The reason to announce it anyway is the person on the other end of the call, who may be somewhere stricter, and the reason to ask rather than tell is that it puts an answer on the record instead of an assumption.

I'm recording this for notes, stored on my machine only. Any objection?

Then leave a beat. Longer versions, and what to do when someone says no, are on telling people you're recording.

Where Earkeep sits in this

Earkeep records continuously and announces itself to nobody: no bot in the participant list, no banner on anyone else's screen. In a one-party state that is legally unremarkable, and it is still the reason nobody in the room knows unless you say so.

The controls exist for when somebody would rather you didn't. A pause from the live edge releases the microphone and the system audio stream, so your operating system's own recording indicator goes dark and the person who asked can watch it happen rather than take your word for it. A meeting on a connected calendar can be marked never-record. And a stretch of the day, or a saved meeting with its transcript, can be purged: the lines come out of the file on your own disk and nothing is written in their place, with no server copy to reconcile against because there is no server.

None of that makes a recording lawful anywhere, and the audio never leaving your device is not an answer to a consent statute. It is a good answer to "where does this go", which is usually the question the room actually has.

Sources

Frequently asked questions

Is South Carolina a one-party consent state?

Yes, for calls and in-person conversation. § 17-30-30 carries the consent exception, and being a party to the conversation supplies it.

What can someone recover for illegal recording in South Carolina?

The most of anywhere in this survey. § 17-30-135(A)(2) sets liquidated damages at the greater of $500 a day per day of violation or $25,000, plus equitable relief, punitive damages and fees, subject to a cap cross-reference in (F)(3).

Does South Carolina protect what is said at a public meeting?

No, and unusually the statute says so on its face. § 17-30-15(2) excludes any public oral communication uttered at a public meeting from the definition of oral communication, so it is outside the Act entirely.

Related

This page is legal information, not legal advice. It summarises statutes and cases rather than replacing them, and we are not lawyers. If the answer matters, ask someone who can be held to their answer.

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