South Carolina Student Data Governance and Privacy Guide

Primary Law
South Carolina Department of Education Data Use and Governance Policy

Citation
South Carolina Code 59-1-490

Official Text
https://www.scstatehouse.gov/code/t59c001.php
https://ed.sc.gov/data/data-security-privacy/resources/

Overview

South Carolina addresses student data privacy through statewide data governance requirements that apply to the South Carolina Department of Education and that extend into district practice. South Carolina Code 59-1-490 establishes a Data Use and Governance Policy focused on protecting privacy rights, maintaining confidentiality, and limiting access to student data while supporting legitimate educational reporting and program evaluation.

In practice, South Carolina districts benefit most from treating student data privacy as an ongoing governance workflow: controlling who has access, documenting why access is needed, and using repeatable processes for external data requests and vendor-enabled data sharing.

Applicability and Scope

South Carolina Code 59-1-490 is relevant when student data is collected, managed, stored, transmitted, used, reported, or destroyed in connection with statewide education reporting and district operations.

Key scope concepts include:

• Protecting privacy rights and confidentiality of student data
• Limiting access to pre-identified staff with job-related clearance
• Using aggregation for federally required reporting and avoiding release of personally identifiable student data in reporting outputs
• Applying governance to external data requests through defined criteria and review

Governance, Access Controls, and Training

South Carolina's model emphasizes controlled access and staff readiness. Districts are best positioned when they can show that student data access is limited to staff with a legitimate need, that access is reviewed, and that privacy and security expectations are reinforced through training and policy acknowledgments.

District review commonly considers:

• Who has access to student data and what role-based limits apply
• How access is granted, reviewed, and revoked
• Whether staff training occurs regularly and is tied to access authorization
• How confidentiality expectations are documented and enforced

External Data Requests and Disclosure Discipline

South Carolina's approach highlights structured review of external data requests. Districts should adopt a consistent approach for any requests to share student data outside the district, including with researchers, consultants, and service providers.

Districts commonly document:

• Purpose and educational justification for the request
• What data elements are requested and whether the minimum necessary approach is used
• Whether reporting can be satisfied through aggregated or de-identified data
• How FERPA considerations are addressed for any disclosure

Vendor Access and Operational Best Practices

Although 59-1-490 is framed as a governance policy, its practical effect is that districts should manage vendor access to student data with clear controls and repeatable review. This is especially important for systems that connect to student information systems, assessment platforms, identity tools, and cloud services.

District reviews commonly document:

• Which student data elements a product collects or can access
• Whether data use is limited to the school-authorized educational purpose
• Security safeguards appropriate to the data involved
• Retention, deletion, and exit processes when use ends
• Whether vendor policies or features change in ways that require re-review

How Can EdPrivacy Help South Carolina Schools

South Carolina's governance-focused approach requires districts to keep student data oversight organized and defensible over time. EdPrivacy helps South Carolina schools centralize vendor documentation, track what tools touch student data, and record approval rationale so access decisions and disclosures are easier to explain and revisit.

The platform helps districts:

• Maintain a searchable inventory of apps and services that handle student data
• Capture vendor privacy and security documentation in a consistent format
• Document access assumptions and conditions tied to district governance expectations
• Monitor vendor policy changes so reviews can be refreshed when risk changes

Summary

South Carolina districts should be prepared to:

• Apply disciplined student data governance aligned to South Carolina Code 59-1-490
• Limit access to authorized staff with job-related need and reinforce expectations through training
• Use structured review for external data requests and prioritize aggregated reporting where feasible
• Use repeatable vendor review and monitoring practices for tools that access student data

This approach supports privacy protection, defensible data sharing decisions, and consistent oversight of education technology across the district.