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Can you summarize SDCL 22-40-19?
Identity Crimes > Definition of terms in 22-40-19 to 22-40-26.
Short Summary
The terms defined in 22-40-19 to 22-40-26 of the South Dakota Codified Laws pertain to Identity Crimes. These terms include ‘Breach of system security,’ which refers to the unauthorized acquisition of unencrypted or encrypted computerized data and encryption key that compromises the security, confidentiality, or integrity of personal or protected information. The term ‘Encrypted’ refers to computerized data that is rendered unusable without decryption. An ‘Information holder’ is any person or business that conducts business in South Dakota and owns or licenses computerized personal or protected information of residents of South Dakota. ‘Personal information’ includes a person’s name in combination with data elements such as social security number, driver license number, account or card numbers, health information, or employer-assigned identification number. ‘Protected information’ includes a user name or email address with a password or other access information, and account or card numbers with security codes or passwords. An ‘Unauthorized person’ refers to any person not authorized to acquire or disclose personal information, or any authorized person who acquires or discloses personal information outside the guidelines established by the information holder. The document does not specify penalties for non-compliance or violations.
Whom does it apply to?
Any person or business that conducts business in South Dakota and owns or licenses computerized personal or protected information of residents of South Dakota
What does it govern?
Identity Crimes
What are exemptions?
The good faith acquisition of personal or protected information by an employee or agent of the information holder for the purposes of the information holder, if the personal or protected information is not used or subject to further unauthorized disclosure
What are the Penalties?
Penalties are not specified in the provided document
Jurisdiction
South Dakota