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 requirements that social media services be able to "access, contribute to, and synchronize" user data, replacing this with a simpler standard focused on facilitating data exchange across services. It also deleted an entire subsection governing how social media services communicate and exchange data with each other, which weakens the interoperability mandate by reducing specificity about implementation requirements.
The amendment renumbered several statutory definitions (changing section references from 26.77.27 to 26.77.28) and added new definitions for "open protocol," "personal data," and "social media company/service" while refining the definition of social media services to specify that connecting users is a "primary function" rather than just any connecting activity. This BROADENS the bill by establishing clearer, more comprehensive definitions that strengthen the framework for requiring social media companies to provide user data and maintain interoperable interfaces.
The amendment changed the bill's scope from regulating social media companies' data-sharing practices to defining terminology for South Dakota's Uniform Electronic Transactions Act, essentially gutting the original data privacy bill and replacing it with technical definitions related to electronic records and blockchain technology. This transforms the bill from a consumer protection measure into a general commercial law amendment that only incidentally defines "social media service" and "personal data" as part of broader uniform commercial code language.
The amendment converted the bill from House Engrossed to Enrolled status and renumbered the statutory section reference from 26.77.29 to 26.77.30 while adding a new definition for "Open protocol" related to social media interoperability—this is a technical legislative housekeeping change that clarifies the bill's definitions without altering its substantive purpose of requiring social media companies to share user data and maintain interoperable interfaces.
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