South Dakota

Notify each affected South Dakota resident of a breach of system security not later than 60 days after discovery, absent a law enforcement delay.

Notify the NRC Headquarters Operations Center via the Emergency Notification System within one hour after discovery of a cyberattack that adversely impacted safety-related or important-to-safety functions, security functions, or emergency preparedness functions (including offsite communications), or that compromised support systems and equipment resulting in adverse impacts to those functions.

Also notify within one hour after discovery of a cyberattack that adversely impacted the safety, security, and emergency preparedness functions performed by digital assets described in 10 CFR 73.77(a)(1)(ii).

Notify the NRC Headquarters Operations Center within four hours after discovery of a cyberattack that could have caused such an adverse impact, after discovery of a suspected or actual cyberattack initiated by personnel with physical or electronic access to the systems in scope, or after notifying a local, State, or other Federal agency of an event related to your cyber security program that does not otherwise require notification.

Notify the NRC Headquarters Operations Center within eight hours after receipt or collection of information regarding observed behavior, activities, or statements that may indicate intelligence gathering or pre-operational planning related to a cyberattack against the systems in scope.

Use the site corrective action program to record vulnerabilities, weaknesses, failures and deficiencies in your cyber security program, and the notifications you make, within twenty-four hours of their discovery.

Once the final rule takes effect, report a covered cyber incident to the Agency not later than 72 hours after your organization reasonably believes that the covered cyber incident has occurred.

Once the final rule takes effect, report a ransom payment to the Agency not later than 24 hours after your organization makes the payment, even where the underlying ransomware attack is not itself a covered cyber incident.

Once the final rule takes effect, promptly submit an update to a previously submitted covered cyber incident report whenever substantial new or different information becomes available or a ransom payment is later made, continuing until your organization notifies the Agency that the incident has concluded and been fully mitigated and resolved, and preserve data relevant to the incident or payment under the procedures the final rule establishes.

Upon any responsible SCI personnel having a reasonable basis to conclude that an SCI event has occurred, begin appropriate corrective action and notify the Commission of the SCI event immediately.

Within 24 hours of that conclusion, submit a written notification to the Commission, made on a good faith, best efforts basis, that describes the SCI event and the systems affected and, to the extent available, your assessment of the market participants potentially affected, the potential impact on the market, and the steps you have taken, are taking or plan to take.

If the SCI event is resolved and the investigation closed within 30 calendar days, submit a final written notification within five business days after resolution. If not, submit an interim written notification within 30 calendar days after the event, and a final one within five business days after resolution and closure.

If your organization is a banking organization, notify your primary federal banking regulator, the OCC, the Federal Reserve Board, or the FDIC, whichever supervises it, about a notification incident, as soon as possible and no later than 36 hours after your organization determines that a notification incident has occurred.

A notification incident is the subset of computer-security incidents that has materially disrupted or degraded, or is reasonably likely to materially disrupt or degrade, your ability to serve customers, a business line, or an operation whose failure would threaten the financial stability of the United States, so a computer-security incident that falls short of that threshold does not by itself start this clock.

If your organization is a bank service provider, notify at least one bank-designated point of contact at each affected banking organization customer as soon as possible after your organization determines that it has experienced a computer-security incident that has materially disrupted or degraded, or is reasonably likely to materially disrupt or degrade, covered services provided to that banking organization for a period of four hours or more.

This duty carries a standard, as soon as possible, rather than a fixed number of hours to notify by, and that disruption threshold is what engages the duty rather than a period to notify within.

If you are a developer or provider of a frontier AI model, or an operator of critical infrastructure that uses an AI model to manage industrial control systems or other operational technologies, report any confirmed AI safety incident or AI security incident within 30 days of confirmation, and within 72 hours if the incident poses an imminent threat to national security, critical infrastructure or public safety.

If your organization is a federally insured credit union, notify the NCUA-designated point of contact of a reportable cyber incident by email, telephone, or another method the NCUA prescribes, so that the NCUA receives the notification as soon as possible and no later than 72 hours after your organization reasonably believes it has experienced a reportable cyber incident.

Where the reportable cyber incident is a disruption of business operations or unauthorized access to sensitive data facilitated through, or caused by, a compromise of a credit union service organization, cloud service provider, or other third-party data hosting provider, or by a supply chain compromise, the NCUA must receive the notification within 72 hours of your organization being notified by the third party if that is sooner.

Send the notice as soon as practicable, but not later than 30 days, after becoming aware that unauthorized access to or use of customer information has occurred or is reasonably likely to have occurred, delaying it only for the period the United States Attorney General specifies where the Attorney General determines that notice poses a substantial risk to national security or public safety (17 CFR 248.30(a)(4)(iii)).

Maintain written policies and procedures reasonably designed to require oversight, including through due diligence and monitoring, of service providers, including that a service provider notify you as soon as possible, and no later than 72 hours, after becoming aware of a breach in security resulting in unauthorized access to a customer information system it maintains (17 CFR 248.30(a)(5)(i)).

Rapidly report a cyber incident to the Department of Defense within 72 hours of discovering it, at the Department's DIBNet portal (dibnet.dod.mil), using a DoD-approved medium assurance certificate that you must obtain before you need to file a report.

Make those policies and procedures reasonably designed to ensure that each service provider takes appropriate measures to protect against unauthorized access to or use of customer information, and to notify you as soon as possible, but no later than 72 hours after becoming aware that a breach in security has occurred resulting in unauthorized access to a customer information system the service provider maintains.

If your organization is an Securities and Exchange Commission (SEC) reporting company, determine, without unreasonable delay after you discover a cybersecurity incident, whether the incident is material, and if it is, file a Form 8-K under Item 1.05 within four business days after you make that determination.

If the information called for in Item 1.05 is not determined or is unavailable when you file, state that in the filing and file an amendment to the Form 8-K within four business days after you determine it or it becomes available.

After you reasonably determine that a breach of your customers' CPNI has occurred, electronically notify the United States Secret Service and the Federal Bureau of Investigation through the central reporting facility as soon as practicable, and in no event later than seven business days (47 CFR 64.2011(b)).

Do not notify customers or disclose the breach where the relevant investigating agency directs you in writing not to, for an initial period of up to 30 days that the agency may extend (47 CFR 64.2011(b)(3)).

Notify the FTC within 30 days of discovering a security event that has compromised unencrypted customer information for 500 or more consumers.

If you are a vendor of personal health records (an entity that offers or maintains an electronic record of health information that can draw information from multiple sources and is managed, shared and controlled by or primarily for the individual) or a PHR related entity, notify each affected individual who is a citizen or resident of the United States, in plain language and without unreasonable delay, no later than 60 calendar days after you discover a breach of security of unsecured PHR identifiable health information.

Notify prominent media outlets serving a State or jurisdiction, without unreasonable delay and in no case later than 60 calendar days after you discover the breach, when the unsecured PHR identifiable health information of 500 or more of its residents is, or is reasonably believed to have been, acquired during the breach.

If you are a third party service provider, notify the official designated in a written contract by the vendor of personal health records or PHR related entity you serve (or else a senior official of that vendor or entity), without unreasonable delay and in no case later than 60 calendar days after you discover the breach; identify each customer of that vendor or entity whose unsecured PHR identifiable health information has been, or is reasonably believed to have been, acquired during the breach; and obtain acknowledgment that the notice was received.

Notify affected individuals without unreasonable delay and no later than 60 days after discovering a breach of unsecured protected health information.

For a breach of unsecured protected health information involving more than 500 residents of a State or jurisdiction, notify prominent media outlets serving that State or jurisdiction without unreasonable delay and in no case later than 60 calendar days after discovery of the breach.

If you are a business associate, notify the covered entity of a breach of unsecured protected health information without unreasonable delay and in no case later than 60 calendar days after discovery of the breach.

If your organization is a derivatives clearing organization, notify staff of the Division of Clearing and Risk promptly of any hardware or software malfunction, security incident, or targeted threat that materially impairs, or creates a significant likelihood of material impairment of, automated system operation, reliability, security, or capacity, and of any activation of your business continuity and disaster recovery plan.

If your organization is a designated contract market, notify Commission staff promptly of all cyber security incidents or targeted threats that actually or potentially jeopardize automated system operation, reliability, security, or capacity, as well as electronic trading halts and significant systems malfunctions and activations of your business continuity-disaster recovery plan.

If your organization is a swap execution facility, notify Commission staff promptly of all cyber security incidents or targeted threats that actually or potentially jeopardize automated system operation, reliability, security, or capacity, as well as electronic trading halts and material system malfunctions and activations of your business continuity-disaster recovery plan.

Evidence of sabotage, subversive activity, or an actual or threatened cyber incident involving or endangering any vessel, harbor, port, or waterfront facility must be reported immediately to the Federal Bureau of Investigation, the Cybersecurity and Infrastructure Security Agency (for any cyber incident), and the Captain of the Port, or to their respective representatives.