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Can I use customer data for marketing purposes without violating privacy laws in South Dakota? What are the requirements?

Using Customer Data for Marketing Purposes in South Dakota

South Dakota has several laws that protect the privacy of personal information, including health data and consumer data. The South Dakota Comprehensive Health Data System, established by SDCL 1-43-19, is designed to maintain oversight of a comprehensive health data system for the purposes of health care planning, policy development, policy evaluation, and research by federal, state, and local governments. The system is also used to monitor payments for health services by the federal and state governments, assess and improve the quality of health care, measure and optimize access to health care, support public health functions and objectives, improve the ability of health plans, health care providers, and consumers to coordinate, improve, and make choices about health care, and monitor costs at provider and plan levels [1.3].

The Department of Health is responsible for establishing and maintaining a central cancer data collection system for cancer cases in South Dakota in accordance with the confidentiality provisions of § 34-14-1 and the terms of §§ 1-43-11 to 1-43-17, inclusive. The rules for the establishment, maintenance, and use of the cancer data collection system include provisions requiring the reporting of cancer cases or specifying circumstances under which cancer cases shall be reported, criteria for authorizing persons or entities to undertake cancer data collection, criteria and procedures for maintaining confidentiality as required in § 1-43-11, and procedures and requirements governing the structure and objectives of the cancer data collection system and the reporting, collection, analysis, and dissemination of data and information related to the cancer data collection system [1.1][1.7].

The South Dakota telemarketing laws prohibit telemarketers from engaging in unfair or deceptive telephone solicitation, placing unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p.m. at the consumer’s local time or place any unsolicited consumer telephone communications on Sunday, engaging in any conduct which harasses, intimidates, or torments any person in connection with the telephone communication, or causing misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16) [5.1][5.2].

Based on the above information, it is important to note that South Dakota has strict laws regarding the collection, use, and disclosure of personal information, including health data and consumer data. Therefore, using customer data for marketing purposes without violating privacy laws in South Dakota requires compliance with the relevant laws and regulations. It is recommended that businesses consult with legal counsel to ensure compliance with all applicable laws and regulations.

Source(s):
Jurisdiction

South Dakota