South Dakota social media companies must now give users copies of all personal data collected about them when requested, and must maintain transparent systems that allow users' data to move between platforms. The bill amends the state's existing electronic transactions law to add these new requirements for how social media platforms handle user information and data portability.
The amendment narrowed the definition of "open protocol" by removing language requiring social media services to "access, contribute to, and synchronize" user personal data, replacing it with a simpler standard focused only on facilitating data exchange, and deleted an entire subsection governing how services communicate with each other. This change WEAKENS the bill's interoperability requirements by reducing the operational obligations placed on social media companies.
The amendment renumbered several bill section references (from 26.77.27 to 26.77.28) and added two new definitions—"Open protocol" and "Social media company"—while clarifying that a social media service's primary function must be to connect account holders socially. These changes BROADEN the bill's scope by establishing clearer definitions of the entities and technical standards it regulates, making the data-sharing and interoperability requirements more comprehensive and enforceable.
The amendment renumbered the bill's codification section from 26.77.28 to 26.77.29 and narrowed the definition of "social media service" by changing "requires" to "permits" account registration and replacing "connect...allow users to interact socially" with "allows account holders to view content generated by other users," which WEAKENS the bill's data portability requirements by applying them to a smaller category of platforms.
This amendment converted the bill from its House engrossed form to its enrolled form, updating the section number from 26.77.29 to 26.77.30 and renumbering the definitions section to add "Open protocol" as a new defined term while renumbering subsequent definitions accordingly. The substantive change NARROWS the bill by explicitly defining "open protocol" to require publicly available technical standards that are free from licensing fees and patent restrictions, making the interoperability requirement more specific and stringent.
Signed by the Governor S.J. 514
Delivered to the Governor S.J. 477
Signed by the Speaker H.J. 516
Signed by the President S.J. 448
Senate Concurred in amendments Passed, YEAS 33, NAYS 0. S.J. 423
House of Representatives Do Pass Amended Passed, YEAS 62, NAYS 3. H.J. 448
House of Representatives Motion to amend H.J. 447
State Affairs Do Pass Passed, YEAS 10, NAYS 3. H.J. 17
State Affairs Scheduled for hearing
House of Representatives Referred to House State Affairs H.J. 387
First Reading House H.J. 356
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 278
Senate Motion to amend S.J. 278
State Affairs Do Pass Amended Passed, YEAS 8, NAYS 0. S.J. 23
State Affairs Motion to amend S.J. 23
State Affairs Scheduled for hearing
Senate Referred to Senate State Affairs S.J. 113
First Reading Senate S.J. 91
Prime sponsor · Rep.
D
Prime sponsor · Sen.
R
Concurred in amendments
Do Pass Amended
State Affairs — Do Pass
Do Pass Amended
State Affairs — Do Pass Amended