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South Dakota: Senate passes data breach notification bill
The South Dakota Senate passed, on 25 January 2018, the bill for an Act to Provide for the Notification Related to a Breach of Certain Data and to Provide a Penalty Therefor (SB 62) ('the Bill'). In particular, the Bill would require the notification of a breach to South Dakota residents whose personal information has been, or is reasonably believed to have been, acquired by an unauthorised person, within 60 days of the discovery of the breach. Moreover, organisations would be required to notify the Attorney General ('the AG'), as well as consumer reporting agencies, of a breach if it affects more than 250 residents. The Bill also allows the AG to bring an action to recover a civil penalty on behalf of the State of no more than $10,000 per day per violation.
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