2018 South Dakota Codified Laws
Title 22 - CRIMES
Chapter 40 - Identity Crimes
§ 22-40-19 Definition of terms in §§ 22-40-19 to 22-40-26.
22-40-19. Definition of terms in §§ 22-40-19 to 22-40-26. Terms in §§ 22-40-19 to 22-40-26, inclusive, mean:
(1) "Breach of system security," the unauthorized acquisition of unencrypted computerized data or encrypted computerized data and the encryption key by any person that materially compromises the security, confidentiality, or integrity of personal or protected information maintained by the information holder. The term does not include the good faith acquisition of personal or protected information by an employee or agent of the information holder for the purposes of the information holder if the personal or protected information is not used or subject to further unauthorized disclosure;
(2) "Encrypted," computerized data that is rendered unusable, unreadable, or indecipherable without the use of a decryption process or key or in accordance with the Federal Information Processing Standard 140-2 in effect on January 1, 2018;
(3) "Information holder," any person or business that conducts business in this state, and that owns or licenses computerized personal or protected information of residents of this state;
(4) "Personal information," a person's first name or first initial and last name, in combination with any one or more of the following data elements:
(a) Social security number;
(b) Driver license number or other unique identification number created or collected by a government body;
(c) Account, credit card, or debit card number, in combination with any required security code, access code, password, routing number, PIN, or any additional information that would permit access to a person's financial account;
(d) Health information as defined in 45 CFR 160.103; or
(e) An identification number assigned to a person by the person's employer in combination with any required security code, access code, password, or biometric data generated from measurements or analysis of human body characteristics for authentication purposes.
The term does not include information that is lawfully made available to the general public from federal, state, or local government records or information that has been redacted, or otherwise made unusable; and
(5) "Protected information," includes:
(a) A user name or email address, in combination with a password, security question answer, or other information that permits access to an online account; and
(b) Account number or credit or debit card number, in combination with any required security code, access code, or password that permits access to a person's financial account;
(6) "Unauthorized person," any person not authorized to acquire or disclose personal information, or any person authorized by the information holder to access personal information who has acquired or disclosed the personal information outside the guidelines for access of disclosure established by the information holder.
Source: SL 2018, ch 135, § 1.