Prosecution for violations

The attorney general may prosecute each failure to disclose under the provisions of §§ 22-40-19 to 22-40-26 , inclusive, as a deceptive act or practice under § 37-24-6 . In addition to any remedy provided under chapter 37-24 , the attorney general may bring an action to recover on behalf of the state a civil penalty of not more than ten thousand dollars per day per violation. The attorney general may recover attorney's fees and any costs associated with any action brought under this section. Source: SL 2018, ch 135 , § 7. 22-40-26 . Notice of breach of system security in accordance with federal law. Notwithstanding any other provisions in §§ 22-40-19 to 22-40-26 , inclusive, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the provisions of the applicable federal law or regulation. Source: SL 2018, ch 135 , § 8.