1-27-31. Circumstances allowing for disclosure of information concerning private entity.
A state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity and disclose the information obtained from such an investigation, examination, or audit as follows:
(1)To the private entity being investigated, examined, or audited;
(2)To those persons whom the private entity has authorized in writing to receive such information;
(3)To the officers, employees, or legal representatives of any other state agency which requests the information in writing for the purpose of investigating and enforcing civil or criminal matters. The written request will specify the particular information desired and the purpose for which the information is requested;
(4)To any administrative or judicial body if the information is directly related to the resolution of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person may use a subpoena, discovery, or other applicable statutes to obtain such information;
(5)To another state pursuant to an agreement between the State of South Dakota and the other state, but only if the other state agrees to keep the information confidential as set forth in §§1-27-28 to 1-27-32, inclusive;
(6)To the attorney general, state's attorney, or any state, federal, or local law enforcement officer;
(7)To a federal agency pursuant to the provisions of federal law;
(8)To the extent necessary to submit any final reports or filings which are otherwise required by law to be prepared or filed;
(9)Repealed by SL 2004, ch 25, §4.
(10)To comply with federal law, rules, or program delegation requirements ; or
(11)To the extent necessary to protect the health or welfare of the citizens of this state or nation pursuant to a court order obtained under the same process as orders issued pursuant to §15-6-65(b).
Source: SL 1996, ch 12, §4; SL 1997, ch 13, §1; SL 2004, ch 25, §4
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 27 - Public Records And Files
Section 1-27-1 - Public records open to inspection and copying.
Section 1-27-1.1 - Public records defined.
Section 1-27-1.2 - Fees for specialized service.
Section 1-27-1.4 - Denial letters to be kept on file.
Section 1-27-1.5 - Certain records not open to inspection and copying.
Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.
Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.
Section 1-27-1.10 - Redaction of certain information.
Section 1-27-1.12 - Chapter inapplicable to Unified Judicial System.
Section 1-27-1.13 - Certain records not available to inmates.
Section 1-27-1.14 - Redaction of records in office of register of deeds not required.
Section 1-27-1.15 - Immunity for good faith denial or provision of record.
Section 1-27-1.19 - Public access to records of former Governors and lieutenant governors.
Section 1-27-1.20 - Exempt records to be opened upon death or ten years after leaving office.
Section 1-27-1.22 - Agreement for transfer of records to suitable repository.
Section 1-27-3 - Records declared confidential or secret.
Section 1-27-4 - Format of open record.
Section 1-27-4.2 - Availability of contract through internet website or database.
Section 1-27-9 - Records management programs--Definition of terms.
Section 1-27-10 - Records as property of state--Damage or disposal only as authorized by law.
Section 1-27-12 - State records management program to be established.
Section 1-27-12.1 - Records management internal service fund.
Section 1-27-13 - Records management procedures proposed by state agencies.
Section 1-27-14.1 - Transfer of records by outgoing agency heads--Terminated agency records.
Section 1-27-14.2 - Transfer of jeopardized nonessential agency material to state archivist.
Section 1-27-15 - Destruction of nonrecord materials.
Section 1-27-16 - Rules, standards, and procedures.
Section 1-27-17 - Legislative and judicial records management programs.
Section 1-27-18 - Local records management programs.
Section 1-27-21 - Public document or record defined--Public meeting.
Section 1-27-22 - Application of English as common language requirement.
Section 1-27-24 - Effect of common language requirement on state employment.
Section 1-27-25 - Common language requirements not applicable to private activities.
Section 1-27-27 - Requesting information or data from a state agency.
Section 1-27-28 - Definition of terms.
Section 1-27-29 - Disclosure of information concerning private entity restricted.
Section 1-27-30 - Confidentiality of proprietary or trade information of private entity.
Section 1-27-31 - Circumstances allowing for disclosure of information concerning private entity.
Section 1-27-32 - Disclosure of confidential information as misdemeanor.
Section 1-27-35 - Informal requests for disclosure of records--Costs of retrieval or reproduction.
Section 1-27-36 - Estimate of retrieval and reproduction cost--Waiver or reduction of fee.
Section 1-27-37 - Written request for disclosure of records.
Section 1-27-39 - Response to notice of review.
Section 1-27-40 - Findings and decision of Office of Hearing Examiners.
Section 1-27-40.1 - Time for compliance with decision or appeal.
Section 1-27-43 - Form of notice of review--Office of Hearing Examiners' notice.
Section 1-27-46 - Contracts to be displayed on searchable internet website.
Section 1-27-47 - Affordability of public access to electronic records database.
Section 1-27-48 - Documentation regarding information stored in electronic records system.