Mandated Timeframe for Breach Reporting and/or Consumer Notification

Within 60 days
Laws related specifically to personal information
  • Breach Reporting & Consumer Notification
  • Protect Personal Information
  • Program for Protection/Security
  • Vendor Specific Obligations
  • Vendor Mandated Contracts
  • Employee Training
  • Data Disposal/Destruction
  • Risk Assessment
  • Requests for Information
Fines & Penalties

Violations of breach notification laws:
- up to $10,000 per day per violation

Regulation Levels
  • Breach Reporting
  • Consumer Notifications
  • Vendor Management
  • Data Protection
Level Description
  • None to minimal
  • Basic Requirements
  • Comprehensive Requirements
  • Extensive Requirements
Quick Facts
  • If notification is required to more than 250 persons, reporting to the state attorney general must be done either by mail or email.
  • Reporting must also be completed without unreasonable delay to all consumer reporting agencies and any other credit bureau or agency that compiles and maintains files on consumers on a nationwide basis.
  • If the notification is delayed by a law enforcement investigation, notification must be made within 30 days after determination that it will not compromise an investigation.
  • The state attorney general may prosecute violations of breach notification law as a deceptive act or practice. In addition, the attorney general may bring an action to recover on behalf of the state a civil penalty up to $10,000 per day per violation. The attorney general may recover attorney’s fees and any costs associated.
  • If the data owner is not required to make a disclosure, written documentation must be maintained for at least 3 years.
  • If a vendor is breached, they must report it to the data owner.  The data owner will be responsible to complete the reporting and consumer notification.
  • If your breach affects residents in other states, you will need to notify those residents using that state’s rules.
Statutes and Laws
  • S.D. Codified Laws §§ 22-40-19 to 22-40-26 Breach Notification Law

    S.D. Codified Laws § 37-24-6 Deceptive acts or practices

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