An information holder is not required to make a disclosure under this section if, following an appropriate investigation and notice to the attorney general, the information holder reasonably determines that the breach will not likely result in harm to the affected person

SDCL § 22-40-21 — under IDENTITY CRIMES.

SDCL § 22-40-21

The information holder shall document the determination under this section in writing and maintain the documentation for not less than three years. Any information holder that experiences a breach of system security under this section shall disclose to the attorney general by mail or electronic mail any breach of system security that exceeds two hundred fifty residents of this state. Source: SL 2018, ch 135 , § 2.