South Dakota Privacy laws & HR compliance analysis

South Dakota Privacy: What you need to know

South Dakota courts recognize the common-law tort of invasion of privacy (Truxes v. Kenco Enterprises, Inc., 119 N.W.2d 914 (S.D. 1963)). The state also has an “Invasions of Privacy” statute making it a misdemeanor to:
• Trespass on property with the intent to subject anyone to eavesdropping or other surveillance in a private place; or
• Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in that place, or uses any such unauthorized installation (SD Codified Laws 22-21-1).
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South Dakota’s wiretapping statute makes it a Class 5 felony, subject to certain exceptions, for someone who:
• Is not a sender or receiver of a telephone or telegraph communication, and intentionally and by means of an eavesdropping device overhears or records the communication or aids, authorizes, employs, procures, or permits another to so do, without the consent of either a sender or receiver thereof; or
• Is not present during a conversation or discussion, and intentionally and by means of an eavesdropping device overhears or records the conversation or discussion, or aids, authorizes, employs, procures, or permits another to so do, without the consent of a party to the conversation or discussion (SD Codified Laws 23A-35A-21).
A victim of identity theft who has submitted a valid police report to a consumer reporting agency may elect to place a security freeze on his or her consumer report by making a request in writing by certified mail to a consumer reporting agency at an address designated by the agency. The consumer reporting agency must put the freeze in ...

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