Your Rights as a South Dakota Resident

Under current South Dakota law, residents have very limited data privacy rights compared to other states with comprehensive privacy legislation.

• Right to breach notification: You must be notified within 60 days if a business discovers that your personal information was accessed by unauthorized individuals, unless the company determines the breach is unlikely to cause harm[3][8]
• Right to attorney general notification: When a breach affects more than 250 South Dakota residents, the state Attorney General must be informed, providing government oversight of significant data incidents[3][9]
• Constitutional privacy protections: South Dakota recognizes privacy rights in its state constitution, including protections against intrusion upon seclusion, appropriation of likeness, public disclosure of private facts, and false light invasion of privacy[1]
• Federal law protections: You retain rights under federal privacy laws such as HIPAA for health information, FERPA for educational records, and the Fair Credit Reporting Act for credit information
• Consumer protection remedies: You can file complaints with the South Dakota Division of Consumer Protection for deceptive business practices, though this does not provide specific data privacy rights[10][11]

Unlike residents of states with comprehensive privacy laws, South Dakota residents cannot legally demand that businesses delete their personal information, stop selling their data to third parties, or provide detailed information about data collection and sharing practices.

Official Resources and Contact Information

South Dakota Legislature

Contact your state legislators to advocate for privacy legislation or ask questions about current laws. You can find your specific district representatives and their contact information at the official legislature website.

Legislative Research Council:
Email: LRC@sdlegislature.gov
Phone: (605) 773-3251
Website: https://sdlegislature.gov/ContactUs/

Consumer Protection and Privacy Complaints

The South Dakota Division of Consumer Protection handles complaints about deceptive business practices and can provide guidance on consumer rights.

Division of Consumer Protection:
Office of Attorney General
1302 E Highway 1889, Suite 3
Pierre, SD 57501
Phone: (605) 773-4400
Toll-free (in-state): 1-800-300-1986
Email: consumerhelp@state.sd.us
Website: https://consumer.sd.gov/

Finding Your Local Representatives

To contact your specific state senators and representatives about privacy issues, use the South Dakota Legislature’s district lookup tool or contact information directory.

Legislature Contact Directory:
Website: https://sdlegislature.gov/
Phone: (605) 773-3251

Data Breach Reporting

If you are a business that has experienced a data breach affecting South Dakota residents, or if you need to report a suspected violation of the state’s breach notification law:

South Dakota Attorney General:
1302 E Highway 1889, Suite 1
Pierre, SD 57501
Phone: (605) 773-3215
Website: https://atg.sd.gov/

Sources and Citations

Last Updated August 2025. Written with contributions from both human authors and Perplexity AI. If you find incorrect or outdated information let us know at support@optery.com.