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Expert Analysis

South Dakota Breach Notification Law Breaks New Ground

By Caleb Skeath and Calvin Cohen (March 29, 2018, 12:30 PM EDT) -- Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which will take effect on July 1, 2018, parallels many recently passed or amended state data breach notification laws through its inclusion of an expansive definition of "personally identifiable information" and an explicit deadline for notifying affected residents. However, a few elements of the law push further than comparable laws from other states and have the potential to shift companies' data breach notification practices....

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