South Carolina — Freedom of Information Act (FOIA)
10 business days (20 if record is more than 24 months old)The South Carolina Freedom of Information Act (FOIA)
In South Carolina, government records are governed by the Freedom of Information Act (FOIA). This law establishes that public records — defined as any document, recording, or data created or received by a government agency in the course of public business — are presumed to be open for inspection by the public unless a specific statutory exemption applies.
The law covers state agencies, county governments, city and municipal governments, school districts, public universities, and other public bodies. Federal agencies are governed separately by the federal Freedom of Information Act (5 U.S.C. § 552) — see our Federal FOIA Guide.
Response Deadline
Under the Freedom of Information Act (FOIA), agencies in South Carolina must respond to a public records request within 10 business days (20 if record is more than 24 months old). This is the deadline for the agency's response — meaning they must acknowledge your request and either provide the records, estimate when they will be provided, or explain why records are being withheld. Complex requests may take longer to fully fulfill even after an initial response.
Fee Rules
Fee waivers allowed. South Carolina agencies may charge for the actual cost of searching, reviewing, and copying records. Before producing records, agencies should inform you of any estimated fees. If the estimated cost is too high, you can narrow your request, negotiate, or request a fee waiver.
Use our Fee Waiver Language Builder to generate the exact language South Carolina requests should include to seek a waiver.
How to Submit a Request in South Carolina
- Identify the right agency — Requests must go to the specific agency that holds the records you want. There is no central South Carolina records clearinghouse.
- Write your request — Be specific: describe the records clearly, include relevant dates, and cite the Freedom of Information Act (FOIA). Use our Letter Generator to create a properly formatted request.
- Submit to the records custodian — Most agencies accept requests by email, online portal, or certified mail. Check the agency's official website for their preferred method.
- Track your deadline — Note the date you submitted and count forward 10 business days (20 if record is more than 24 months old). If no response by then, follow up in writing.
Common Exemptions in South Carolina
The Freedom of Information Act (FOIA) identifies records that may be withheld. Common exemptions include:
- Records related to ongoing criminal investigations
- Personnel files and personal privacy information
- Attorney-client communications and legal strategy
- Trade secrets and proprietary business information
- Records protected by federal law (HIPAA, FERPA, etc.)
- Records relating to security systems and infrastructure
When an agency withholds records, they must cite the specific statutory provision. A vague claim of "confidentiality" is not sufficient. If you believe records have been improperly withheld, you have the right to appeal.
Appeals Process in South Carolina
Appeal body: No central body — circuit court
If your request is denied or you receive an inadequate response, you can file an appeal. See our complete Public Records Appeal Guide for step-by-step instructions, including the specific language to use in your appeal letter.