State Breach Law

South Dakota Data Breach Notification Law

S.D. Codified Laws §§ 22-40-19 to 22-40-26 • Effective 2018-07-01

South Dakota gives you 60 days to notify affected residents. AG notification also required.

Notification deadline: 60 days

Enforcement: South Dakota Attorney General

Overview

South Dakota requires notification within 60 days of breach discovery. One of the newer state laws.

Who Must Be Notified

  • Affected South Dakota residents
  • South Dakota Attorney General

Covered Data Types

Social Security number, Driver's license number, Financial account numbers, Health information

Notification Requirements

  • Written notice
  • Electronic notice permitted

Is your business exposed?

Exemptions

  • Encrypted data
  • Good faith acquisition

Penalties

Deceptive trade practice violations

If You Experience a Breach

  1. 1.

    Notify AG and residents within 60 days

Official Source

https://atg.sd.gov/

Other State Breach Laws

New York, Texas, Florida

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