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South Dakota


Law: Please note this State does not have a general privacy law in effect, you can visit USA State Law Tracker to monitor the progress of US State bills.

Regulator: The South Dakota Attorney General ('AG')

Summary: South Dakota recognises the common law tort of invasion of privacy and has provisions criminalising this offence. However, South Dakota lacks significant privacy laws affecting the private sector, with many of the privacy provisions in the State's law directed to the public sector. Examples of public-sector privacy laws include South Dakota's wiretapping statue, D Codified Laws 23A-35A-20, which makes interception of private communications without consent a Class 5 felony, and South Dakota's student privacy law, SDCL § 13-3-51, which only applies to the Department of Education. Moreover, South Dakota was the second last State to enact its data breach notification law, §22-40-1 et seq. of Chapter 40 of Title 22 of the South Dakota Codified Laws, which gives information holders a sixty-day window (from date of discovery or notification of the breach) to notify individuals of a security breach, unless law enforcement determines that the notification should be delayed.