Law note · South Dakota
Genetic Data Privacy Act, enforcement
The Attorney General may petition a court to impose a civil penalty of up to $5,000 per violation of SDCL secs. 37-24-60 to 37-24-62.
This standalone enforcement provision does not cross-reference SDCL sec. 37-24-6, the general deceptive-act provision that the breach statute's own enforcement section deems a violation into, so the general Deceptive Trade Practices and Consumer Protection chapter's private right of action, SDCL sec. 37-24-31, which is keyed specifically to a sec. 37-24-6 violation, does not reach a Genetic Data Privacy Act violation. No damages-preservation clause exists either. This Act creates no private right of action.
What it asks of an app
- Expect a Genetic Data Privacy Act violation to be enforced only by the Attorney General, through a civil penalty of up to $5,000 per violation, never by a private plaintiff.
When LexLint raises it
Declared activities: high_risk_decisions
Primary source: official South Dakota statute text, SDCL sec. 37-24-63, South Dakota Legislature website (api.Statutes path)