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South Dakota
Privacy Laws

Overview

BREACH NOTIFICATION – Mandated Timeframe
Within 60 days

FINES & PENALTIES – Violations
Up to $10,000 per violation

Legal

Regulation Levels

  • Breach Reporting

    Breach Reporting

  • Consumer Notification

    Consumer Notification

  • Vendor Management

    Vendor Management

  • Vendor Contract Required

    Vendor Contract Required

PRIVACY AND SECURITY LAWS

Laws related to personal information and privacy and security.

QUICK FACTS

South Dakota Privacy Law Information

BREACH REPORTING

If notification is required to more than 250 persons, reporting to the state attorney general must be done either by mail or email. Reporting must also be completed without unreasonable delay to all consumer reporting agencies and any other credit bureau or agency that compiles and maintains files on consumers on a nationwide basis. If the notification is delayed by a law enforcement investigation, notification must be made within 30 days after determination that it will not compromise an investigation. If an organization is not required to report a breach, they must keep documentation of incident for 3 years.

CONSUMER NOTIFICATION

If your breach affects residents in other jurisdictions, those individuals must be notified based on the breach notification laws of the jurisdiction where they reside.

VENDOR/THIRD PARTIES

Vendors should notify Organizations upon discovery of a breach or suspected breach. The Organization is responsible for submitting any required regulatory reporting and consumer notifications.

FINES & PENALTIES

Failure to provide notification of breach incident(s) is considered a deceptive act or practice. The attorney general may bring a civil action to recover monetary damages up to $10,000 per day, per violation. Organizations may be fined or penalized for Vendor violations.

South Dakota Statutes and Laws

S.D. CODIFIED LAWS §§ 22-40-19 – 22-40-26

Breach notification law

S.D. CODIFIED LAWS § 37-24-6

Deceptive acts or practices

DISCLAIMER

The information provided is not legal guidance or recommendations and are for informational purposes only.