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South DakotaSB 111101st South Dakota Legislature (2026)Senate

require that social media companies provide collected personal data of a user at the user's request and maintain transparent interoperability interfaces.

Sponsored By: Rohl, Michael H. (Republican), Wittman, Kadyn (Democratic)

Signed by Governor

Confidential InformationContractsDelayed Effective DateSocial MediaTechnologyTelecommunications

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Users can copy and export social data

Beginning July 1, 2027, South Dakota residents using social media for personal or household purposes gain data-copy and export rights. Covered services have more than 100 million active monthly users and do not focus mainly on charity or religion. Requested personal-data copies must be portable where technically feasible, readily usable where practicable, and transferable without impediment. Users can also export their social connections and related details, choosing all data or subsets by type, date, or last transfer. Exports must be machine-readable and use public standards with no licensing fees or patent restrictions. Users can choose one-time exports or recurring exports at least every 24 hours. Transfers must follow privacy and security best practices; platform terms cannot discriminate among services or unfairly favor their own. Platforms retain authority to address security, safety, harassment, fraud, illegal activity, and legal duties. Entities owned, controlled, operated, or maintained by religious organizations exempt from state property tax are excluded.

Users gain protected social media data sharing

Beginning July 1, 2027, covered social media services must offer transparent data-sharing interfaces accessible to third parties. Coverage requires more than 100 million active monthly users and a primary focus other than charity or religion. Users can choose to share a common set of personal data with other services. With user permission, third parties can access user-created content and receive notices of new or updated content. Covered services must secure personal data received through these interfaces, including data from other services. They must follow privacy notices, administrative, technical, and physical safeguards, and privacy and security best practices. Entities owned, controlled, operated, or maintained by religious organizations exempt from state property tax are excluded.

Users cannot require platforms to accept transfers

Beginning July 1, 2027, the law does not require social media services to accept transferred data. Services also do not have to treat imported data differently from other user-created content. Users therefore have no guarantee that a receiving platform accepts their data or gives it special treatment.

Sponsors & Cosponsors

Sponsors

  • Rohl, Michael H.

    Republican • Senate

  • Wittman, Kadyn

    Democratic • House

Cosponsors

  • Emery, Eric

    Democratic • House

  • Larson, Liz

    Democratic • Senate

  • Moore, Scott

    Republican • House

  • Muckey, Erik

    Democratic • House

  • Pourier, Peri

    Republican • House

  • Shubeck, John

    Republican • House

  • Smith, Jamie

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 147 • No: 6

Senate vote • 3/2/2026

Concurred in amendments

Yes: 33 • No: 0

House vote • 2/25/2026

Do Pass Amended

Yes: 62 • No: 3

House vote • 2/23/2026

Do Pass

Yes: 10 • No: 3

Senate vote • 2/17/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 2/11/2026

Do Pass Amended

Yes: 8 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/10/2026Senate

  2. Delivered to the Governor

    3/5/2026Senate

  3. Signed by the Speaker

    3/4/2026House

  4. Signed by the President

    3/3/2026Senate

  5. Concurred in amendments

    3/2/2026Senate

  6. Do Pass Amended

    2/25/2026House

  7. Motion to amend

    2/25/2026House

  8. Do Pass

    2/23/2026House

  9. Scheduled for hearing

    2/23/2026House

  10. Referred to

    2/20/2026House

  11. First Reading House

    2/18/2026House

  12. Do Pass Amended

    2/17/2026Senate

  13. Motion to amend

    2/17/2026Senate

  14. Do Pass Amended

    2/11/2026Senate

  15. Motion to amend

    2/11/2026Senate

  16. Scheduled for hearing

    2/11/2026Senate

  17. Referred to

    1/26/2026Senate

  18. First Reading Senate

    1/23/2026Senate

Bill Text

  • Introduced

    1/22/2026

    PDF

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