South Carolina Code of Regulations
Chapter 103 - PUBLIC SERVICE COMMISSION
Article 8 - PRACTICE AND PROCEDURE
Section 103-823.2 - Protection of Customer Data
Current through Register Vol. 48, No. 9, September 27, 2024
A. Definitions of Key Terms.
Also, "customer data" means non-public retail customer-specific data or information that has been obtained or compiled by a public utility in connection with the supplying of Commission-regulated electric, natural gas, waste, or wastewater services. Customer data includes data or information that is:
B. Aggregated data which has been aggregated to a degree that individual customer information is not identifiable shall not be considered "customer data."
C. Customer Consent.
D. If a public utility contracts with a third party for a service that allows a customer to monitor the customer's usage, and that third party uses the data for a secondary commercial purpose, the contract between the public utility and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer and secures the customer's consent to the use of his or her data for that secondary commercial purpose prior to the use of the data.
E. A public utility shall use reasonable security procedures and practices to protect a customer's unencrypted consumption data from unauthorized access, destruction, use, modification, disclosure, and to prohibit the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer's consent.
F. Exceptions to Sections A through E.
G. If a customer discloses or authorizes the utility to disclose his or her customer data to a third party, the public utility shall not be responsible for the security of that data, or its use or misuse.
H. Public Utility Guidelines.
I. No Private Right of Action. This regulation shall be enforced by regulatory enforcement actions only. No private right of action for damages is created hereby.
J. Penalties. Failure to comply with this section is subject to any authority granted to the Commission by statute or regulation.