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.
Structure South Dakota Codified Laws
Section 22-40-1 - Impersonation with intent to deceive law enforcement officer--Misdemeanor.
Section 22-40-8 - Identity theft--Felony.
Section 22-40-9 - Identifying information defined.
Section 22-40-10 - Physical presence in county not necessary to commission of identity theft.
Section 22-40-11 - Reencoder and scanning device defined.
Section 22-40-12 - Unauthorized use of scanning device on payment card--Felony.
Section 22-40-13 - Unauthorized use of reencoder on payment card--Felony.
Section 22-40-15 - Making or possessing forgery or counterfeiting devices--Felony.
Section 22-40-17 - Impersonating a judicial official--Misdemeanor .
Section 22-40-18 - Misuse of tribal identification card.
Section 22-40-19 - Definition of terms in §§ 22-40-19 to 22-40-26.
Section 22-40-20 - Notice of breach of system security--Exception.
Section 22-40-21 - Delay of notice that would impede criminal investigation.
Section 22-40-22 - Types of notice of breach of system security.
Section 22-40-24 - Notice to consumer reporting agencies.
Section 22-40-25 - Prosecution for violations.
Section 22-40-26 - Notice of breach of system security in accordance with federal law.