State notification register
South Dakota data breach notification law: no later than 60 days from discovery or notification of the breach.
South Dakota's breach-notification obligations are set by S.D. Codified Laws 22-40-19 et seq.. This page summarises the deadline to notify affected residents, the attorney general notification threshold, whether a private right of action exists, and the penalties for late or missing notification. Every provision is cited to its source statute and was verified in June 2026.
Individual deadline
60 days
From discovery / determination
AG notification
250
More than 250 South Dakota residents
Private action
No
No PROA
Statute
SD
S.D. Codified Laws 22-40-19 et seq.
Section SD.1
What the statute requires
Under S.D. Codified Laws 22-40-19 et seq., a business that owns or licenses computerized personal information of South Dakota residents must notify affected individuals no later than 60 days from discovery or notification of the breach.
Attorney general or state-agency notification is more than 250 south dakota residents. Where required, the timeline is: within the 60-day window.
Section SD.2
What triggers notification
Like most US state statutes, notification is triggered by the unauthorized acquisition of unencrypted, unredacted computerized personal information that compromises its security, confidentiality, or integrity. Two concepts recur across the states and apply here.
Encryption safe harbor
Personal information that was encrypted, and where the encryption key was not also acquired, generally does not trigger notification. A stolen device with full-disk encryption is typically a non-event; an unencrypted record, or an encrypted record where the key was exposed alongside it, is a reportable breach.
Who must be notified
- [1] Affected South Dakota residents: 60 days
- [2] Attorney general / state agency: more than 250 south dakota residents
- [3] Consumer reporting agencies where the breach is large-scale
Section SD.3
Penalties and enforcement
Up to $10,000 per day per violation; may be prosecuted as a deceptive practice.
Private right of action: No. No PROA; only the Attorney General can enforce.
Primary source:South Dakota statute S.D. Codified Laws 22-40-19 et seq.; verified June 2026 against state statutory summaries and the underlying statute text.
Section SD.4
How this compares to the strictest states
The strictest US deadlines are 30 days (California, Florida, Washington, Colorado, Maine, New York, New Jersey). The majority of states use a qualitative "without unreasonable delay" standard with no fixed day cap. Here is where South Dakota sits.
South Dakota imposes a fixed 60-day deadline. The strictest states cut this to 30 days, so South Dakota sits 30 days behind the tightest regimes.
Cross-references
Index / All 50 states + DC
→The full register: deadline and AG threshold for every state.
Schedule 09 / Notification laws
→Global frameworks and the cost of notification.
01 / Breach cost calculator
→Estimate your South Dakota breach exposure, including notification cost.
Regulation / GDPR
→The 72-hour clock and 4%-of-revenue fine framework.
Cost / Notification
→Why notification is roughly 6% of total breach cost.
Schedule F / Reference Q&A
Frequently Asked Questions
Primary source:South Dakota data breach notification statute (S.D. Codified Laws 22-40-19 et seq.). Provisions verified June 2026 against state statutory summaries (Recording Law US data-privacy series, 2026 edition), the IAPP US State Data Breach Notification Chart, Foley & Lardner's chart, and the underlying statute text.