Law / United States / 
South Dakota
Genetic Data Privacy Act, enforcement
SDCL sec. 37-24-63 (SL 2026 ch. 164, sec. 5)
In force since .
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect a Genetic Data Privacy Act violation to be enforced only by the Attorney General, through a civil penalty of up to $5,000 per violation, never by a private plaintiff.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- What counts as one 'violation' for the civil penalty of not more than five thousand dollars in SDCL 37-24-63: each consumer affected, each consent not obtained, or each day a practice continues?
What it makes you log
Logging duty
Section 37-24-63 lets the Attorney General petition a court to impose a civil penalty of up to five thousand dollars per violation of sections 37-24-60, 37-24-61 or 37-24-62. It requires no log or record, names no audit, and gives no party a right to a record. The section states no territorial clause; the Act's reach is the definition of consumer as a resident of this state in 37-24-59(2), which this row does not cite.
- Kind
- None
- As of
What this law does
The Attorney General may petition a court to impose a civil penalty of up to $5,000 per violation of SDCL secs. 37-24-60 to 37-24-62.
This standalone enforcement provision does not cross-reference SDCL sec. 37-24-6, the general deceptive-act provision that the breach statute's own enforcement section deems a violation into, so the general Deceptive Trade Practices and Consumer Protection chapter's private right of action, SDCL sec. 37-24-31, which is keyed specifically to a sec. 37-24-6 violation, does not reach a Genetic Data Privacy Act violation. No damages-preservation clause exists either. This Act creates no private right of action.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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