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South Dakota Just Beat Alabama in Laggardly Enactment of Data Breach Notification Law

Among other policy items Marty Jackley will tout during his gubernatorial campaign is his pushing of South Dakota’s new data breach notification law, Senate Bill 62, signed by the Governor on March 21.

What Jackley won’t tout (and Kristi, here’s a freebie!) is that Jackley sat around and waited for 48 other states to enact this consumer protection before trying to write a similar protection into South Dakota law:

Alabama Republican Gov. Kay Ivey has signed a bill that makes her state the 50th and final one to enact a consumer data breach notification law.

The measure requires that residents be notified within 45 days after a breach has been discovered if it is reasonably likely to cause substantial harm. The notification could be delayed if it would interfere with a law enforcement investigation.

Until recently, Alabama and South Dakota were the only states that didn’t have data breach notification laws.

Last month, South Dakota Gov. Gov. Dennis Daugaard, a Republican, signed a measure into law that would require affected residents to be notified within 60 days of a data breach’s discovery.

…Last year, there were a record 1,579 data breaches in the United States, a nearly 45 percent hike over the previous year, according to the Identity Theft Resource Center, a nonprofit that helps victims of identity theft and promotes public awareness [Jenni Bergal, “Every State Now Has a Data Breach Notification Law,” Governing, 2018.04.03].

As usual, Jackley and his one-party regime wait until record-breaking trouble like the Equifax breach to do something. Reactive, not proactive… but hey, at least we beat Alabama, right?

2 Comments

  1. Nick Nemec 2018-04-03 09:27

    We used to be able to beat Mississippi.

  2. Debbo 2018-04-03 20:50

    Nick, that’s funny, in a pathetic kind of way.

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