Technology

signed · South Dakota · Senate Mar 30, 2026

SB 214: amend provisions pertaining to the publication of the statewide voter registration file.

SB 214 requires South Dakota's Secretary of State to post weekly updates to the statewide voter registration file every Monday by 11:59 p.m. Central Time. It also establishes a rolling five-year historical archive of this data on the Secretary's website, making it freely available. The bill prohibits public access to sensitive personal information like Social Security numbers, driver license numbers, and birth dates within these files. Additionally, it bans selling or using voter data for commercial purposes (with exceptions for political polling), while allowing fees for paper copies of voter lists.

Topics ✓ TechnologySupports TechnologyBill restricts access to sensitive voter data (SSNs, DOB) and bans commercial use, directly aligning with data privacy protections in technology policy.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

signed · South Dakota · Senate Mar 30, 2026

SB 41: revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

SB 41 revises South Dakota's criminal invasion of privacy law to prohibit creating, distributing, or selling digitally manipulated images or videos that falsely depict an identifiable person as nude or engaged in sexual acts. It specifically targets content that appears authentic to an ordinary person but was altered to misrepresent the individual. The law defines "digitally fabricated material" as manipulated images, videos, or depictions that falsely show an identifiable person in states of nudity or sexual activity. Violating this provision is a Class 5 felony, with penalties applying when the manipulated content is shared to harass or embarrass the person depicted.

Topics ✓ Criminal JusticeSupports Criminal JusticeProtects civil rights by penalizing non-consensual deepfakes, aligning with criminal justice reform indicators.85% confidence ✓ TechnologySupports TechnologyProhibits non-consensual deepfakes and digitally fabricated content, directly protecting individuals' privacy through criminal penalties for misuse of technology.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

signed · South Dakota · Senate Mar 30, 2026

SB 49: safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

South Dakota's SB 49 requires direct-to-consumer genetic testing companies to protect consumers' genetic data and privacy. It mandates clear privacy policies, separate express consent for each data use (including research, marketing, or sharing with third parties), and security programs to prevent unauthorized access. Companies must also allow consumers to access, delete their data, or request destruction of biological samples within 30 days of revoking consent. This law directly affects South Dakota residents using these services and genetic testing companies operating in the state.

Topics ✓ TechnologySupports TechnologyMandates genetic data privacy protections, explicit consent, and security measures for companies, aligning with consumer data protection in tech regulation.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

signed · South Dakota · Senate Mar 30, 2026

SB 44: establish investigative subpoena authority to gather business records in certain investigations.

SB 44 allows South Dakota's Attorney General to obtain business records from internet and telecom providers during criminal investigations of internet crimes against children or human trafficking. It requires judicial approval based on "reasonable cause" before issuing subpoenas for specific records like IP addresses, account details, and device information. Hughes County judges have statewide authority to approve these subpoenas, which cannot notify account holders, and obtained records must be used solely for law enforcement with privacy safeguards. The bill directly affects providers (including internet and telecom companies) by mandating compliance with court-ordered requests for targeted data.

Topics ✓ Criminal JusticeSupports Criminal JusticeSB 44 provides law enforcement with subpoena authority for business records in serious crimes (internet crimes against children, human trafficking), enhancing investigative capabilities within the criminal justice system.90% confidence ✗ TechnologyOpposes TechnologyBill enables law enforcement to access user data without notice, weakening privacy protections for individuals in criminal investigations.80% confidence | Rep's Stance ✗ Voted No ✓ Supports Technology

signed · South Dakota · Senate Mar 12, 2026

SB 43: address search and seizure provisions applicable to digital currency.

This bill updates South Dakota's search and seizure laws to explicitly include digital currency as "property" covered by existing warrant procedures. It defines digital currency as value recorded on blockchain or similar distributed ledger technology (e.g., Bitcoin). The change ensures law enforcement must follow standard warrant processes when seeking digital currency, aligning it with how physical property is treated under current law. This directly affects law enforcement investigations involving digital assets and individuals holding such currency.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires warrants for digital currency searches, protecting civil rights by aligning with physical property search procedures under existing law.90% confidence ✓ TechnologySupports TechnologyRequires warrants for digital currency searches, treating it as protected property under existing law to prevent warrantless seizures, aligning with digital privacy protections.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

passed both · South Dakota · House Mar 2, 2026

HB 1275: create requirements for age verification and parental consent for application stores and to provide a penalty therefor.

This bill amends existing state consumer protection laws to add requirements for age verification and parental consent for application stores, which are digital platforms where users download software applications. The legislation would require these stores to verify the age of users and obtain parental consent from minors before allowing them to access or download applications. It also establishes penalties for businesses that fail to comply with these new verification and consent requirements. The bill does not create new consumer protection categories but rather modifies existing deceptive trade practices provisions to include digital application store compliance.

Topics ✓ TechnologySupports TechnologyBill strengthens consumer protection by requiring age verification and parental consent, enhancing digital safety for minors and regulating tech platforms.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

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passed · South Dakota · House Feb 20, 2026

HB 1309: restrict the processing of online personal data of individuals sixteen years of age or younger.

HB 1309 restricts online services from collecting or using personal data of users under 16 years old in South Dakota. It requires operators (like apps or websites) to delete such data within 14 days of identifying a minor user, unless parental consent is obtained for 13- to 15-year-olds or the processing is strictly necessary for essential purposes like security, legal compliance, or providing requested services. The law bans data use for advertising, marketing, or third-party sharing without consent and allows the state Attorney General to enforce it through fines up to $5,000 per violation. This directly affects minors under 16 and online platforms targeting them or collecting their data within South Dakota.

Topics ✓ TechnologySupports TechnologyRestricts data collection for minors, enhancing privacy protections per consumer safety standards; aligns with data privacy regulations in technology policy.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

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failed · South Dakota · House Feb 20, 2026

HB 1246: prohibit nondisclosure of certain agreements related to data centers.

HB 1246 prohibits state agencies and local governments from signing agreements with private entities that require secrecy about data center projects. It mandates that any agreement for building, developing, or locating a data center must be treated as a public record, making its terms accessible to the public. The bill defines a data center as a facility storing, processing, or managing electronic data. This ensures transparency by preventing confidential clauses in such agreements, allowing public access to project details without secrecy restrictions.

Topics ✓ TechnologySupports TechnologyMandates public access to data center agreements, ensuring transparency in tech infrastructure contracts and aligning with data privacy protections by preventing secrecy around data handling terms.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Technology

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