Could a law firm mail an announcement to doctors at business addresses listed by South Carolina’s medical board?

Plain-English summary

A senator asked whether a law firm could mail announcements to doctors using addresses from the medical board directory. The AG concluded that a doctor's listed business address was outside the Family Privacy Protection Act's definition of personal information, which specifically included home addresses. Under the 2004 law it reviewed, a mailing could therefore use business addresses, but not home addresses obtained from the board for commercial solicitation. A home address did not lose that protection merely because it was also used for business.

The AG expressly declined to decide whether the proposed law firm announcement qualified as commercial solicitation. It said that question concerned regulation of legal practice, which belonged to the South Carolina Supreme Court.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a lawyer use a doctor's business address from the medical board directory for an announcement?
A: The AG said the privacy statute it reviewed did not treat business addresses as protected personal information and allowed a mailing to those addresses.

Q: What if the doctor's listed business address was also a home address?
A: The AG quoted its earlier view that the statute made no exception for home addresses also used for business; agencies were to use reasonable means to protect home addresses from commercial solicitation.

Q: Did the AG approve the announcement as lawyer advertising?
A: No. It declined to classify the announcement as commercial solicitation because that issue belonged to the state Supreme Court's regulation of legal practice.

Background and statutory framework

Section 30-2-50(A) barred knowing use of personal information obtained from a state agency for commercial solicitation. Section 30-2-30 defined personal information to include a home address but did not list a business address. The opinion applied that distinction to addresses doctors had chosen for the board directory and relied on In Re Unauthorized Practice of Law for the separate question of who regulates lawyers.

Citations

• Section 30-2-50(A)
• Section 30-2-30
• In Re Unauthorized Practice of Law

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-16-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04fmarch16ryberg.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
AlTORNEY GENERAL

March 16, 2004

The Honorable W. Greg Ryberg
Senator, District No. 24
Post Office Box 142
Columbia, South Carolina 29202
Dear Senator Ryberg:
In a letter to this office the question was raised as to whether a law finn announcement, mailed to doctors at the address they have chosen to be listed at in the medical board directory, would be commercial solicitation for a consumer product or service. Reference was made to the Family Privacy Protection Act of2002, S.C. Code Ann. Sections 30-2-10 et seq. (Supp. 2003). Section 30-2-50(A) states that "(a) person or private entity shall not knowingly obtain or use any personal information obtained from a state agency for commercial solicitation directed to any person in this State." "Personal information" is defined by Section 30-2-30 (1) as
.. .information that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account numbers, account or identification number issued by or used, or both, by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit records or reports. In my opinion, any mailing sent to doctors at the address they have chosen to be listed at in the medical board directory which would constitute a business address, and not a home address, would not involve the use of "personal information" within the above definition.

~~ ~~ING • POST OFFICE Box 11549 •

CoLUMBIA.

s.c. 2921 1·1549 • l'EuPHoNE: 803-734-3970 • FACSIMILE: 803-253-6283

The Honorable W. Greg Ryberg
Page2
March 16, 2004

A prior opinion of this office dated September 26, 2002 determined that business addresses are not included in the definition of "personal information". 1 The opinion commented that

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... the definition of "personal information" contained in Section 30-2-30(1 ), expressly includes "home addresses" therein. Thus, the Act prohibits the disclosure of "home addresses" where such are obtained or used for commercial solicitation. State agencies are required to "take reasonable measures to ensure that no person or private entity obtains or distributes" such addresses for commercial solicitation. As you indicate, business addresses are not included in the definition of "personal information". Therefore, a law firm announcement mailing may be made to business addresses, but not home addresses, provided by the medical board.

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You had also specifically questioned whether a law firm announcement is a "commercial solicitation". However, it would be inappropriate for this office to respond to such question in an opinion as questions such as this fall within the scope of the regulation of the practice oflaw, a matter within the exclusive jurisdiction of the State Supreme Court. Article V, Section 4 of the State Constitution. As explained in the decision in In Re Unauthorized Practice of Law, 309 S.C. 304, 305, 422 S.E.2d 123, 124 (1992), "(t)he Constitution commits to ... (the Supreme Court) ... the duty to regulate the practice of law in South Carolina." Moreover, a response to such separate question appears necessary inasmuch as we have concluded that a law firm announcement may be made to business addresses, but not home addresses, provided by the medical board.

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That opinion also determined that as to a situation where a home address may also function as a business address, The General Assembly made no exception to the Privacy Act for those "home addresses" which are also used as business addresses .. .In our opinion, the Act does not require a state agency to attempt to determine which home addresses also function as business addresses. To the contrary, the law requires state agencies to use reasonable means to protect the privacy of all "home addresses" when such would be obtained for commercial solicitation purposes.

The Honorable W. Greg Ryberg
Page3
March 16, 2004

With kind regards, I am,
Very truly yours,

@d.rri!~t~
Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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