Law / United States / 
South Dakota
Genetic Data Privacy Act, definitions, consent, and consumer rights
SDCL secs. 37-24-59 to 37-24-61 (SB 49, SL 2026 ch. 164, secs. 1-3)
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In force 84 days, effective 1 July 2026.
A sensitive categories rule binding private bodies.
As of 28 August 2026.
What it requires
- Obtain a South Dakota consumer's opt-in express consent, separately for collection, third-party transfer, research use, retention beyond the initial test, and marketing use of genetic data or a biological sample, if you operate a direct-to-consumer genetic testing service.
- Honor a consumer's revocation of consent and destroy their biological sample within 30 days.
- Do not treat this Act as reaching biometric data. It is scoped to genetic data and direct-to-consumer genetic testing companies only.
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
South Dakota's Genetic Data Privacy Act defines genetic data as data other than de-identified data, regardless of format, concerning a consumer's genetic characteristics, and applies only to a direct-to-consumer genetic testing company and its service providers, not to personal data generally.
A covered company must obtain a consumer's opt-in express consent for collection, and separately for disclosure, third-party transfer, research use, retention beyond the initial test, and marketing use, and must maintain a security program. A consumer may access their genetic data, delete their account and genetic data, and obtain destruction of their biological sample; revocation of consent must be honored, and a biological sample destroyed, within 30 days.
The Act never mentions biometric data anywhere in its text; genetic and biometric data are treated as distinct categories in South Dakota law, not interchangeably. Exemptions cover Health Insurance Portability and Accountability Act (HIPAA)-covered entities, medical screening, diagnosis or treatment, higher-education institutions, forensic laboratories, and human-subjects research.
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Read the law
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