In South Carolina, employers generally can monitor emails sent or received on company-owned accounts, devices, or networks. However, accessing personal email accounts, even if opened on company equipment, risks violating federal laws like the Stored Communications Act (SCA).​
Employer Monitoring Rights
Employers have broad authority over company-provided email systems and devices, including tracking text messages, website visits, and communications on those platforms. This stems from the Electronic Communications Privacy Act (ECPA) exceptions for business purposes or employee consent via policies. Personal accounts remain protected unless explicit authorization exists.​
Key Legal Limits
South Carolina lacks comprehensive data privacy laws akin to those in other states, relying instead on federal SCA and ECPA provisions that prohibit unauthorized access to stored electronic communications. A notable 2023 federal appeals case (Carson v. EmergencyMD LLC) ruled that intentionally reviewing a former employee’s open personal Gmail on a work computer could breach SCA, even if discovered accidentally.​
Cybersecurity Obligations
State law under §39-1-90 mandates notifying affected South Carolina residents of data breaches involving personal identifying information if harm is likely. Employers must secure systems to prevent breaches, with remote work adding compliance challenges under federal and state rules.​
Best Practices
Implement clear BYOD and computer-use policies stating no privacy expectation on company assets. Avoid reviewing inadvertently discovered personal emails without legal counsel to prevent SCA claims. For trade secret protection, require company-only devices rather than personal ones.​
SOURCES
[1](https://www.bettislawsc.com/employers-search-employees/)
[2](https://www.dataguidance.com/jurisdictions/south-carolina)
[3](https://www.hrdive.com/news/accessing-workers-personal-emails-may-violate-federal-privacy-laws/643138/)
[4](https://pivitstrategy.com/south-carolina-cybersecurity-laws-you-should-know-2025/)
[5](https://www.workplaceprivacyreport.com/2012/10/articles/workplace-investigations/south-carolina-supreme-court-addresses-when-email-is-backed-up-under-the-stored-communications-act/)
