Technology

SB 111 requires social media companies operating in South Dakota to give users access to their collected personal data upon request and maintain transparent, publicly available technical standards (open protocols) that allow different social media platforms to share user data. It directly affects social media companies by mandating data access for users and requiring interoperability interfaces that are free from licensing fees or patent restrictions. Key provisions define "personal data" as information linked to an identifiable individual (excluding de-identified or public data) and specify that interoperability must enable data exchange between platforms via open protocols. The bill focuses on concrete policy changes: user data access and standardized data-sharing mechanisms, without specifying enforcement or penalties.

SB 75 expands eligibility for South Dakota's cybersecurity services initiative to include nonprofit utility companies and utilities operated by local governments (like cities or counties). It appropriates $7 million from the general fund to the Attorney General's Office to fund cybersecurity infrastructure and administrative costs for eligible entities. The bill modifies existing law to allow these newly included organizations to access the initiative's resources, which previously covered only counties and municipalities. Funds must be used to protect IT assets and address specific cybersecurity needs of participating local governments and utilities. The initiative aims to improve cybersecurity across state government and service provider networks.

SB 110 requires broadband internet providers in South Dakota to obtain explicit customer permission ("opt-in consent") before using, sharing, or selling most types of personal customer data, including location, health details, device identifiers, and financial information. It directly affects broadband service providers (like local internet companies) and their customers by mandating clear consent mechanisms that are easy to understand and use. Key provisions include prohibiting providers from charging higher prices or denying service based on a customer’s refusal to consent, and requiring that consent requests be conspicuous, non-misleading, and available at no extra cost. The law applies specifically to "broadband internet access service providers" as defined in the bill, covering data collected through the customer-provider relationship.

SB 205 revises drone registration fees in South Dakota, charging 1.5% of purchase price for agricultural drones and 2% for all other drones. The collected fees fund a new "drone aviation fund" administered by the Board of Technical Education to support drone training grants at state technical colleges. This bill directly affects drone owners (especially agricultural users) by changing their registration tax rates and creating a dedicated funding source for drone industry workforce development. The fund will receive all drone registration fees and interest, with expenditures requiring annual budget approval. The bill does not apply to small unmanned aircraft systems covered under federal regulations.

SB 168 regulates chatbots used by minors in South Dakota. It prohibits deployers (companies or developers) from making AI-companion chatbots - designed to form emotional bonds - available to minors without age verification (e.g., checking ID). Instead, deployers must implement age verification for such chatbots or remove all human-like features to allow minor access. Therapy chatbots may be offered to minors only with clear disclaimers, clinical evidence of safety/efficacy, and oversight by a licensed mental health professional who assesses suitability and monitors use. The bill also requires emergency response systems for crisis situations and limits data collection to necessary purposes.