South Dakota Computerized Data Breach Notification Requirements
The state of South Dakota has enacted provisions regarding notifications relating to system security breaches where personal or protected information has been or may have been acquired by an unauthorized person.
Personal information includes a person’s name in combination with other assigned identification numbers such as a social security number, driver’s license number, employee number or credit card number.
Protected information includes a user name or email address in addition to a password or security question answer or other information that permits access to an online account; and an account number in addition to a security or access code that permits access to a financial account.
Following a data breach, disclosure must be made by the information holder not later than sixty days after discovery of the breach. The notification period may be delayed or extended if determined necessary by a law enforcement agency in the course of a criminal investigation.
Disclosure is not required “if, following an appropriate investigation and notice to the attorney general, the information holder reasonably determines that the breach will not likely result in harm to the affected person.”
Disclosure of the data breach may be provided by written notice, electronic notice or substitute notice. Substitute notice may be used where it is determined that the cost of providing notice would exceed $250,000, the persons affected exceed 500,000 or the information holder does not have sufficient contact information. Substitute notice includes an email notice (if email available), conspicuous posting on the informational holder’s website and notification to statewide media.
The information holder must also notify all consumer reporting agencies of the breach.
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Margaret Wright, JD, is regulatory compliance director with CLA. She is a graduate of Stonehill College and earned her juris doctor at Suffolk University Law School. She is admitted to the Massachusetts Bar.
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