South Dakota. Breach notification. Act

SD breach lawSouth Dakota data breach notification law (S.D. Codified Laws §§ 22-40-19 to 22-40-26)

In force
Partly verifiedMedium confidence. Penalty figure from recollection of § 22-40-25; summary page did not state amounts.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about South Dakota residents to notify affected individuals after a security breach. Core timing rule: Individuals within 60 days of discovery. Covered data: name plus SSN, government ID, financial account with codes, HIPAA health information, employer ID with codes/biometric; online credentials.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

No-harm exception requires prior notice to the AG and 3-year documentation.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: South Dakota does not set a separate vendor deadline; vendors that discover breaches should notify owners promptly under contract. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals within 60 days of discovery; AG if >250 residents; CRAs without unreasonable delay
DPO
No
Cross-border transfers
None
Maximum penalty
Up to $10,000 per day per violation

§3Dates

Key dates
  • Adopted
  • In force
  • Enacted SB 62 (2018); no later amendment identified

§4Text and authority

Text
Authority
South Dakota Attorney General

§5Where it applies

Domestic law of
South Dakota

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Penalty figure from recollection of § 22-40-25; summary page did not state amounts.