Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I ignore consumer requests for information or deletion in South Dakota? What are the requirements?

Consumer Requests for Information or Deletion in South Dakota

In South Dakota, licensees are generally required to comply with consumer requests for information or deletion of nonpublic personal financial information [1.4]. However, there are exceptions to these requirements. Licensees may disclose nonpublic personal financial information without providing notice or an opportunity to opt-out in certain circumstances, such as with the consent or at the direction of the consumer, to protect the confidentiality or security of the licensee’s records, to comply with federal, state, or local laws, or for purposes related to the replacement of a group benefit plan or workers’ compensation policy [1.1].

Licensees may also disclose nonpublic personal health information only with the authorization of the consumer or customer [1.2]. The authorization must be in written or electronic form and contain specific information, including the identity of the consumer or customer, a general description of the types of nonpublic personal health information to be disclosed, general descriptions of the parties to whom the licensee discloses nonpublic personal health information, the purpose of the disclosure, and how the information will be used. The authorization must also specify a length of time for which it is valid, which cannot be more than 24 months, and must include notice that the consumer or customer may revoke the authorization at any time and the procedure for making a revocation. A licensee must retain the authorization or a copy thereof in the record of the individual who is the subject of nonpublic personal health information.

If a licensee receives a notice, demand, or subpoena under South Dakota law, they must comply with it [2.1]. However, they may file a petition to extend the return date, or to modify or set aside the demand, stating good cause, in the circuit court for the county where the person served with the demand resides or has their principal place of business or in the circuit court for Hughes County, South Dakota [2.2].

If a licensee engages in unfair or deceptive telephone solicitation, places 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, engages in any conduct which harasses, intimidates, or torments any person in connection with the telephone communication, or causes misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity, they may be subject to injunctive procedures by the attorney general of South Dakota [5.1].

Therefore, while licensees are generally required to comply with consumer requests for information or deletion of nonpublic personal financial information in South Dakota, there are exceptions to these requirements in certain circumstances. Licensees must also obtain authorization from the consumer or customer to disclose nonpublic personal health information. If you require more specific information regarding consumer requests for information or deletion in South Dakota, it is recommended that you consult with a legal professional.

Source(s):
Jurisdiction

South Dakota