22-40-26. Notice of breach of system security in accordance with federal law.
Notwithstanding any other provisions in §§22-40-19 to 22-40-26, inclusive, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. §6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the provisions of the applicable federal law or regulation.
Source: SL 2018, ch 135, §8.
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.