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;
• 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 use any such unauthorized installation; or
• Intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy (S.D. Cod. Laws § 22-21-1).
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Social Security numbers (SSNs). South Dakota has a number of laws governing the use and disclosure of SSNs.
No driver’s license or nondriver identification card may contain the licensee’s SSN (S.D. Cod. Laws § 32-12-17.13).
No state agency; any of its political subdivisions; or any official, agent, or employee of such an agency or subdivision may:
• Knowingly release or post any person’s SSN on the Internet;
• Require any person to transmit the person’s SSN over the Internet, unless the connection is secure or the SSN is encrypted; or
• Require any person to use the person’s SSN to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the website (S.D. Cod. Laws § 1-27-44).
County auditors must maintain and safeguard a file of voters in computer format that contains each person registered in each voting precinct ...

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