South Dakota
From US data breach notification laws: After a data breach, how fast must a business tell people, and who else must it tell?
Law: 22-40-20
The section that holds the state's general breach notification duty for businesses, as the source names it.
22-40-20
Source: https://sdlegislature.gov/api/Statutes/22-40-20.html. Read 2026-11-01. Checked by a second reader.
Days to tell residents: 60 days
The outer limit in days for telling affected residents, as stated. Blank where no number is stated. States start the clock differently, at discovery or at determining a breach happened, and the quote shows which.
not later than sixty days from the discovery or notification of the breach of system security
Source: https://sdlegislature.gov/api/Statutes/22-40-20.html. Read 2026-11-01. Checked by a second reader.
How fast, in the law's words: Not stated
The law's own words for how quickly residents must be told, apart from any day count.
No source we could use stated this. A blank never means no.
Attorney general told: Yes
Yes if the source says the state attorney general or its equivalent must be told of a breach in at least some cases. Florida's Department of Legal Affairs and Oregon's Attorney General count.
shall disclose to the attorney general by mail or electronic mail
Source: https://sdlegislature.gov/api/Statutes/22-40-20.html. Read 2026-11-01. Checked by a second reader.
Residents before the AG is told: 250 residents
The number of affected residents at which the attorney general must be told, as stated. Blank where no number is stated. The quote shows whether it means that many or more than that many.
exceeds two hundred fifty residents of this state
Source: https://sdlegislature.gov/api/Statutes/22-40-20.html. Read 2026-11-01. Checked by a second reader.
Days to tell the AG: Not stated
The deadline in days for telling the attorney general, as stated. Blank where no number is stated. Clocks differ: some run from the breach, and others from telling residents, as the quote shows.
No source we could use stated this. A blank never means no.
Encrypted data excepted: Yes
Yes if the text limits the duty to unencrypted data, or leaves encrypted data out. Stolen keys can undo this in several states.
the unauthorized acquisition of unencrypted computerized data
Source: https://sdlegislature.gov/api/Statutes/22-40-19.html. Read 2026-11-01. Checked by a second reader.
Low-harm exception: Yes
Yes if the text lets a business skip notice after finding that harm or misuse is unlikely, or only counts breaches that create a real risk.
the information holder reasonably determines that the breach will not likely result in harm
Source: https://sdlegislature.gov/api/Statutes/22-40-20.html. Read 2026-11-01. Checked by a second reader.