Technology (Data Privacy)

HB 1309 restricts online services from collecting or using personal data of users under 16 years old in South Dakota. It requires operators (like apps or websites) to delete such data within 14 days of identifying a minor user, unless parental consent is obtained for 13- to 15-year-olds or the processing is strictly necessary for essential purposes like security, legal compliance, or providing requested services. The law bans data use for advertising, marketing, or third-party sharing without consent and allows the state Attorney General to enforce it through fines up to $5,000 per violation. This directly affects minors under 16 and online platforms targeting them or collecting their data within South Dakota.

HB 1298 prohibits publishing a judicial or law enforcement officer's home address, date of birth, or social security number online without their consent if done with the intent to cause fear for the officer's safety or their immediate family's safety. The law applies only to electronic publications and targets individuals who share such sensitive personal information under these specific conditions. Violating this prohibition is classified as a Class 6 felony. The bill directly protects officers by restricting the online dissemination of their personal details that could enable threats or harassment.

SB 214 requires South Dakota's Secretary of State to post weekly updates to the statewide voter registration file every Monday by 11:59 p.m. Central Time. It also establishes a rolling five-year historical archive of this data on the Secretary's website, making it freely available. The bill prohibits public access to sensitive personal information like Social Security numbers, driver license numbers, and birth dates within these files. Additionally, it bans selling or using voter data for commercial purposes (with exceptions for political polling), while allowing fees for paper copies of voter lists.

SB 41 revises South Dakota's criminal invasion of privacy law to prohibit creating, distributing, or selling digitally manipulated images or videos that falsely depict an identifiable person as nude or engaged in sexual acts. It specifically targets content that appears authentic to an ordinary person but was altered to misrepresent the individual. The law defines "digitally fabricated material" as manipulated images, videos, or depictions that falsely show an identifiable person in states of nudity or sexual activity. Violating this provision is a Class 5 felony, with penalties applying when the manipulated content is shared to harass or embarrass the person depicted.

SB 110 requires broadband internet providers in South Dakota to obtain explicit customer permission ("opt-in consent") before using, sharing, or selling most types of personal customer data, including location, health details, device identifiers, and financial information. It directly affects broadband service providers (like local internet companies) and their customers by mandating clear consent mechanisms that are easy to understand and use. Key provisions include prohibiting providers from charging higher prices or denying service based on a customer’s refusal to consent, and requiring that consent requests be conspicuous, non-misleading, and available at no extra cost. The law applies specifically to "broadband internet access service providers" as defined in the bill, covering data collected through the customer-provider relationship.

SB 111 requires social media companies operating in South Dakota to give users access to their collected personal data upon request and maintain transparent, publicly available technical standards (open protocols) that allow different social media platforms to share user data. It directly affects social media companies by mandating data access for users and requiring interoperability interfaces that are free from licensing fees or patent restrictions. Key provisions define "personal data" as information linked to an identifiable individual (excluding de-identified or public data) and specify that interoperability must enable data exchange between platforms via open protocols. The bill focuses on concrete policy changes: user data access and standardized data-sharing mechanisms, without specifying enforcement or penalties.