2019 South Dakota Codified Laws
Title 22 - Crimes
Chapter 40 - Identity Crimes
§ 22-40-22 Types of notice of breach of system security.
22-40-22. Types of notice of breach of system security. A disclosure under § 22-40-20 may be provided by:
(1) Written notice;
(2) Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 in effect as of January 1, 2018, or if the information holder's primary method of communication with the resident of this state has been by electronic means; or
(3) Substitute notice, if the information holder demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, that the affected class of persons to be notified exceeds five hundred thousand persons, or that the information holder does not have sufficient contact information and the notice consists of each of the following:
(a) Email notice, if the information holder has an email address for the subject persons;
(b) Conspicuous posting of the notice on the information holder's website, if the information holder maintains a website page; and
(c) Notification to statewide media.
Source: SL 2018, ch 135, § 4.
