What is the legal framework for protecting personal information?
In South Dakota, the legal framework for protecting personal information is governed by the South Dakota Personal Information Security Act. This act requires organizations that collect, process, and store personal information to implement a comprehensive information security program to protect against unauthorized access, use, or disclosure of personal information. The Act requires organizations to assess the security risks of their handling of personal information and develop a plan to address those risks. It requires organizations to provide reasonable security to protect personal information from unauthorized access, use, or disclosure, and requires reasonable measures to protect against destruction, loss, or alteration of personal information. The Act also requires organizations to provide individuals with notice about their security practices, including information about the types of personal information collected, how it is used, and how individuals can access or correct their personal information. The Act also requires organizations to protect the security of personal information when disposing of it and requires organizations to notify individuals of a security breach when it poses a risk of harm to an individual. In addition to these requirements, the act also creates a private right of action allowing individuals to sue organizations for violations of the Act. Organizations that fail to comply with the Act can face a civil penalty of up to $5,000 per violation, up to a total of $250,000 for related violations. Therefore, the legal framework for protecting personal information in South Dakota provides organizations with clear guidance for how to protect personal information and provides individuals with strong protections from unauthorized access, use, and disclosure.
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