South Dakota Enacts Breach Notification Law

Hunton & Williams write:

As reported in BNA Privacy Law Watch, on March 21, 2018, South Dakota enacted the state’s first data breach notification law. The law will take effect on July 1, 2018, and includes several key provisions:

Definitions of Personal Information and Protected Information. The law defines personal information as a person’s first name or first initial and last name in combination with any one or more of the following data elements: (1) Social Security Number; (2) driver’s license number or other unique identification number created or collected by a government body; (3) account, credit card or debit card number, in combination with any required security code, access code, password, routing number, PIN or any additional information that would permit access to a person’s financial account; (4) health information; and (5) an identification number assigned to a person by the person’s employer in combination with any required security code, access code, password, or biometric data generated from measurements or analysis of human body characteristics for authentication purposes. The law further defines “protected information” as (1) a username or email address in combination with a password, security question answer, or other information that permits access to an online account; and (2) account number or credit or debit card number, in combination with any required security code, access code, or password that permits access to a person’s financial account. Notably, the definition of “protected information” does not include a person’s name.

Breach Notification Requirement. The law requires notification to affected individuals (and, in certain circumstances, the Attorney General, as explained below) in the event of unauthorized acquisition of unencrypted computerized data (or encrypted computerized data and the encryption key) by any person that materially compromises the security, confidentiality or integrity of personal information or protected information.