South Dakota Bureau of Information and Telecommunications provides IT guidance for state agencies including accessibility standards.
South Dakota Accessibility & Privacy Laws
South Dakota does not currently have a comprehensive consumer privacy law. However, the state enacted data breach notification requirements in 2018. South Dakota's Bureau of Information and Telecommunications (BIT) provides IT guidance for state agencies, including accessibility considerations for digital services.
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Accessibility Standards
BIT Guidelines
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Privacy Status
No Comprehensive Law
South Dakota has data breach notification requirements enacted in 2018 but no comprehensive consumer privacy legislation.
Privacy Law Status
South Dakota was one of the last states to enact data breach notification legislation (2018). The state has not enacted comprehensive consumer privacy legislation:
Current Privacy Protections
- Data Breach Notification: SB 62 (2018) established breach notification requirements (SDCL ยง 22-40-19 through 22-40-26)
- Insurance Data Security: Insurance data security model law adopted
- Consumer Protection: Deceptive Acts or Practices law provides general protections
- Financial Privacy: Protections for consumer financial information
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Notification Trigger | Unauthorized acquisition of unencrypted personal or protected information |
| Covered Information | Name plus SSN, driver's license, financial account, health information, or biometric data |
| Notification Timeline | Within 60 days of discovery of breach |
| AG Notification | Required if breach involves 250 or more South Dakota residents |
| Protected Information | Includes health information, tribal identification, and employer identification numbers |
South Dakota State Government Accessibility
South Dakota's Bureau of Information and Telecommunications (BIT) provides IT policy and guidance for state agencies. State government websites must comply with ADA Title II requirements to ensure accessibility for people with disabilities.
Covered Entities
- South Dakota state government agencies
- State contractors and IT vendors
- South Dakota Board of Regents institutions
- Technical colleges
- Local government entities
- Public school districts
Accessibility Standards
- WCAG 2.0 Level AA compliance recommended
- Section 508 alignment for federally-funded programs
- ADA Title II compliance for public services
- Alternative formats available upon request
- BIT guidelines for state website development
Insurance Data Security
South Dakota has adopted the NAIC Insurance Data Security Model Law, requiring insurance licensees to:
- Develop comprehensive information security programs
- Conduct risk assessments
- Implement access controls and authentication
- Notify the Director of Insurance of cybersecurity events
- Maintain oversight of third-party service providers
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Business Obligations
- Implement reasonable security measures
- Notify consumers of data breaches within 60 days
- Notify Attorney General for breaches of 250+ residents
- Comply with insurance data security requirements (if applicable)
- Avoid deceptive trade practices
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Key Agencies
- South Dakota Attorney General
- Bureau of Information and Telecommunications (BIT)
- Division of Insurance
- Division of Consumer Protection
- Human Rights Commission
Consumer Rights
South Dakota consumers have the following rights under existing law:
- Breach Notification: Right to be notified of data breaches within 60 days
- Security Freeze: Right to place a security freeze on credit reports
- Consumer Protection: Protection against deceptive acts and practices
- Open Records: Access to government records under the Open Records law
Related Resources
- US Privacy Laws Overview
- State Privacy Law Comparison
- Business Privacy Obligations
- ADA Title II Requirements
- All State Laws
- Contact Us
Need Compliance Guidance?
While South Dakota lacks comprehensive privacy legislation, the 2018 breach notification law established important requirements with a 60-day notification timeline. Contact our experts for guidance on compliance obligations.