South Dakota

Notification requirements applicable to individuals or entities that conduct business in the state and own or license covered info. Some types of businesses may be exempt from some or all of these requirements. 

First name or first initial and last name, plus: Social Security number; driver's license or other unique government-issued ID number; account, credit or debit card number in combination with any required security/access code, password, routing number, PIN or other information that would permit access to a financial account; health information as defined by HIPAA; or employee ID number in combination with any required security/access code, password, or biometric data used for authentication purposes; OR username or email address plus a password or security question and answer permitting access to an online account.

Electronic Only.

Statute does not apply to covered info that is encrypted, so long as the encryption key was not also acquired.

Unauthorized acquisition that materially compromises the security, confidentiality, or integrity of covered info, excluding certain good faith acquisitions by employees or agents.

Timing: Must be made no later than 60 days after discovery or notification of breach.

Method: By written notice or electronic notice (if consistent with E-SIGN or if primary method of communication with affected resident). Substitute notice is available if certain criteria are satisfied.

Notification may be delayed if law enforcement determines that notification will impede a criminal investigation. If notification is delayed, it must be made not later than 30 days after law enforcement determines notification will not compromise the investigation. 

Notification to residents not required if, after appropriate investigation and notice to the AG, the covered entity reasonably determines that the breach will not likely cause harm to affected residents. Determination must be documented in writing and maintained for at least three years.

If over 250 residents are affected, must also notify AG by mail or email no later than 60 days after discovery or notification of breach of system security.

If required to notify any residents, must also notify all national CRAS without unreasonable delay of timing, distribution, and content of notice.

Violations may result in civil penalties.