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Attorney General Marty Jackley

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Attorney General Jackley’s Data Breach Bill Signed into Law

FOR IMMEDIATE RELEASE:  Wednesday, March 21, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. -   Attorney General Marty Jackley extends his appreciation to the South Dakota Legislature and Governor Dennis Daugaard for signing SB 62 into law that requires the reporting of data breaches of personal information to consumers.  

“Thank you to our legislators and Governor Dennis Daugaard for passing this very important piece of legislation protecting South Dakota consumers and businesses. The internet and social media play a vital role in our daily connectivity to one another, but with this comes an increased risk of theft and fraud. We will continue to see an increase in cybercrime and we need the tools to combat these breaches and thefts of our personal information,” said Jackley.

Under the proposed legislation, upon discovery of a breach of a system security, the information holder must disclose the breach to any resident of South Dakota whose personal or protected information was acquired by an unauthorized person within 60 days of that discovery.  Furthermore, if that breach of the security system exceeds 250 South Dakota residents, the Attorney General must also be informed within 60 days.  The notice by the information holder may be by written notice, electronic notice, or substitute notice.  A failure to comply with the notice requirement would be a Deceptive Act under existing South Dakota law (§37-24-6) for purposes of criminal and civil enforcement.