Changes to Existing Law

26.77.26 26.77.27 101st Legislative Session 111 2026 South Dakota Legislature Senate Bill 111 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that social media companies provide collected personal data of a 1 user at the user's request and maintain transparent interoperability 2 interfaces. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 53-12-1 be AMENDED: 5 53-12-1. Terms used in this chapter mean: 6 (1) "Agreement," the bargain of the parties in fact, as found in their language or 7 inferred from other circumstances and from rules and procedures given the effect 8 of agreements under laws otherwise applicable to a particular transaction; 9 (2) "Automated transaction," a transaction conducted or performed, in whole or in 10 part, by electronic means or electronic records, in which the acts or records of one 11 or both parties are not reviewed by an individual in the ordinary course in forming 12 a contract, performing under an existing contract, or fulfilling an obligation required 13 by the transaction; 14 (3) "Blockchain technology," technology that uses a distributed, shared, and replicated 15 ledger, either public or private, with or without permission, or driven with or 16 without tokenized crypto economics where the data on the ledger is protected with 17 cryptography and is immutable and auditable; 18 (4) "Computer program," a set of statements or instructions to be used directly or 19 indirectly in an information processing system in order to bring about a certain 20 result; 21 (5) "Contract," the total legal obligation resulting from the parties' agreement as 22 affected by this chapter and other applicable law; 23 (6) "Electronic," any technology, including blockchain technology, using electrical, 24 digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 25 26.77.26 26.77.27 2 111 Underscores indicate new language. Overstrikes indicate deleted language. (7) "Electronic agent," a computer program or an electronic or other automated means 1 used independently to initiate an action or respond to electronic records or 2 performances in whole or in part, without review or action by an individual; 3 (8) "Electronic record," a record created, generated, sent, communicated, received, or 4 stored by electronic means. The term includes a record that is secured through 5 blockchain technology; 6 (9) "Electronic signature," an electronic sound, symbol, or process attached to or 7 logically associated with a record and executed or adopted by a person with the 8 intent to sign the record. The term includes a signature that is secured through 9 blockchain technology; 10 (10) "Governmental agency," an executive, legislative, or judicial agency, department, 11 board, commission, authority, institution, or instrumentality of the federal 12 government or of a state or of a county, municipality, or other political subdivision 13 of a state; 14 (11) "Information," data, text, images, sounds, codes, computer programs, software, 15 databases, or the like; 16 (12) "Information processing system," an electronic system for creating, generating, 17 sending, receiving, storing, displaying, or processing information; 18 (13) "Open protocol," a publicly available technical standard that: 19 (a) Enables interoperability and data exchange between social media services 20 by providing a common data infrastructure where standard to facilitate the exchange of a user's 21 personal data across multiple social media 21 services can access, contribute to, services; and synchronize a user's personal data; 22 (b) Is free from licensing fees and patent restrictions; and 23 (c) Governs how social media services communicate and exchange data with 24 each other; 25 (13)(14) "Person," an individual, corporation, business trust, estate, trust, partnership, 26 24 limited liability company, association, joint venture, governmental agency, public 27 25 corporation, or any other legal or commercial entity; 28 26 (15) "Personal data," information that is linked or reasonably linkable to an identified or 29 27 identifiable individual, including data that represents the individual's connections 30 28 and interactions within a social media service, and excluding de-identified data, 31 29 aggregated data, or publicly available information; 32 30 (14)(16) "Record," information that is inscribed on a tangible medium or that is stored 33 31 in an electronic or other medium and is retrievable in perceivable form; 34 26.77.26 3 111 Underscores indicate new language. Overstrikes indicate deleted language. 32 (15)(17) "Security procedure," a procedure employed for the purpose of verifying that 1 33 an electronic signature, record, or performance is that of a specific person or for 2 34 detecting changes or errors in the information in an electronic record. The term 35 26.77.27 3 111 Underscores indicate new language. Overstrikes indicate deleted language. includes a procedure that requires the use of algorithms or other codes, identifying 4 1 words or numbers, encryption, or callback or other acknowledgment procedures; 5 2 (18) "Social media company," an entity that owns or operates a social media service; 6 3 (19) "Social media service," a public website or application that: 7 4 (a) Displays content that is primarily generated by account holders and not by 8 5 the social media company; 9 6 (b) Requires an individual to register as an account holder and create a profile 10 7 that is made visible to the public or a set of other users defined by the 11 8 account holder; 12 9 (c) Connects account holders to allow users to interact socially with each other 13 10 within the website or application; 14 11 (d) Allows account holders to post content viewable by other users; and 15 12 (e) Is not identifiable as email, cloud storage, interactive gaming, or document 13 viewing, sharing, or 16 collaboration services; 17 14 (16)(20) "State," a state of the United States, the District of Columbia, Puerto Rico, the 18 15 United States Virgin Islands, or any territory or insular possession subject to the 19 16 jurisdiction of the United States. The term includes an Indian tribe or band, or 20 17 Alaskan native village, which is recognized by federal law or formally acknowledged 21 18 by a state; 22 19 (17)(21) "Transaction," an action or set of actions occurring between two or more 23 20 persons relating to the conduct of business, commercial, or governmental affairs; 24 21 and 25 22 (22) "User," an individual located who is a resident of this state, acting only in this state an individual or 23 household context and who accesses or uses a social media 26 service. 27 24 Section 2. That § 55-1A-35.1 be AMENDED: 28 25 55-1A-35.1. If otherwise validly executed, the following documents may be 29 26 executed in accordance with chapter 53-12: 30 27 (1) The governing instrument of an express trust, or other document, other than a will 31 28 or codicil as defined in title 29A; 32 26.77.26 4 111 Underscores indicate new language. Overstrikes indicate deleted language. 29 (2) The resignation, removal, appointment, or acceptance of appointment of any 1 30 trustee, any advisor or protector, or of any designated representation addressed 2 31 in title 55; 3 32 (3) A consent, release, ratification, or indemnification addressed in title 55; and 33 26.77.27 4 111 Underscores indicate new language. Overstrikes indicate deleted language. (4) Any other document addressed by title 55 to the extent it is not excluded from the 5 1 scope of chapter 53-12. 6 2 Notwithstanding any provision of chapter 53-12 to the contrary, the documents 7 3 under this section are deemed to be a transaction within the meaning of subdivision 53-8 53-4 12-1(17), as defined in § 53-12-1, and are within the scope of chapter 53-12. 9 5 Section 3. That a NEW SECTION be added to chapter 53-12: 10 6 If a user requests a copy of the user's personal data being held by a social media 11 7 service with more than five one hundred thousand million active monthly users and whose primary 12 focus 8 is not charity or religion, the social media service must provide the personal data in 13 a 9 format that: 14 10 (1) Is portable to the extent technically feasible; 15 11 (2) Is readily usable to the extent practicable; and 16 12 (3) Allows the user to transmit the data to another social media service, without 17 13 impediment. 18 14 Section 4. That a NEW SECTION be added to chapter 53-12: 19 15 A social media company operating a social media service with more than five 20 one 16 hundred thousand million active monthly users and whose primary focus is not charity or religion 21 17 shall implement a transparent, third-party-accessible interoperability interface subject to 22 18 section 3 of this Act to allow the social media service's users to choose to: 23 19 (1) Share Expose a common set of the user's personal data between the to other social media services 24 designated by the user; services; 20 and 25 21 (2) Enable third parties to access content created by the user and to be notified when 26 22 new or updated content is available, with the user's permission. 27 23 Section 5. That a NEW SECTION be added to chapter 53-12: 28 24 To achieve interoperability under section 4 of this Act, a social media company 29 25 operating a social media service with more than five one hundred thousand million active monthly 30 users 26 and whose primary focus is not charity or religion shall: shall provide users with the ability to 27 export their social graph to social media services in the following manner: 28 (1) The social media service shall allow a user the ability to choose whether to export 29 all of a user's social graph data or export only a subset of that data, and a user 30 may select a subset of the data by selecting: 31 26.77.26 26.77.27 5 111 Underscores indicate new language. Overstrikes indicate deleted language. (1) Utilize an open protocol; (a) Certain types of data; 1 (b) Certain dates of data; or 2 (c) Data generated since a previous transfer; 3 (2) Facilitate and maintain interoperability and synchronous data sharing with other 2 A social media services based service shall make the export available in a machine readable 4 format; 5 (3) A social media service shall make the export using a publicly available technical 6 standard that is free from: 7 (a) Licensing fees; and 8 (b) Patent restrictions that any social media service can freely use; 9 (4) The social media service shall allow a user to choose between a single export or 10 continuous, ongoing exports, which must occur at least every twenty-four hours; 11 (5) The social media service shall ensure that the exports are done in a manner 12 consistent with industry best practices for privacy and security; and 13 (6) The social media service providing the export may impose reasonable terms on the 14 transfer, including terms to ensure privacy and security, provided that the terms 15 do not discriminate between social media 3 services; 4 (3) Establish proportionate thresholds related to the frequency, nature, services and volume of 5 requests, beyond which do not unfairly preference 16 the social media company may assess service's own service over others. 17 Nothing in this section restricts a fee for the access; 6 (4) Offer to other social media companies platform's ability to detect, prevent, 18 protect against, or respond to a functionally equivalent version of security incident, risk to safety or integrity, harassment, 19 malicious or fraudulent activity, or any 7 internal interfaces created by the illegal activity. Nothing in this section restricts a 20 social media company for the social media 8 company's own social media services; 9 (5) Disclose platform's ability to other social media companies complete, accurate, and regularly 10 updated documentation describing access to the interoperability interface required 11 under this section; 12 (6) Refrain from sharing or receiving a user's personal data through the interoperability 13 interface except comply with the user's consent; and 14 (7) Adopt a method for users to give consent for data sharing with other social media 15 services or third parties through the interoperability interface. 16 any legal obligations. 21 Section 6. That a NEW SECTION be added to chapter 53-12: 17 22 A social media company operating a social media service with more than five 18 one 23 hundred thousand million active monthly users and whose primary focus is not charity or religion 19 24 shall secure all personal data obtained through an interoperability interface and safeguard 20 25 the privacy and security of a user's personal data obtained from other social media 21 26 services through the interoperability interface, in accordance with the social media 22 27 company's privacy notice and administrative, technical, and physical data security 23 28 practices. 24 29 Section 7. That a NEW SECTION be added to chapter 53-12: 25 30 Sections 3 to 6, inclusive, of this Act do not apply to an entity that is owned, 26 31 controlled, operated, or maintained by a religious organization and is exempt from 27 32 property taxation under state law. 28 33 26.77.27 6 111 Underscores indicate new language. Overstrikes indicate deleted language. Section 8. That a NEW SECTION be added to chapter 53-12: 1 Nothing in this Act requires a social media service to import any data or treat 2 imported data differently from any other use-generated content on the service. 3 Section 9. This Act is effective beginning July 1, 2027. 4

26.77.27 26.77.28 101st Legislative Session 111 2026 South Dakota Legislature Senate Bill 111 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that social media companies provide collected personal data of a 1 user at the user's request and maintain transparent interoperability 2 interfaces. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 53-12-1 be AMENDED: 5 53-12-1. Terms used in this chapter mean: 6 (1) "Agreement," the bargain of the parties in fact, as found in their language or 7 inferred from other circumstances and from rules and procedures given the effect 8 of agreements under laws otherwise applicable to a particular transaction; 9 (2) "Automated transaction," a transaction conducted or performed, in whole or in 10 part, by electronic means or electronic records, in which the acts or records of one 11 or both parties are not reviewed by an individual in the ordinary course in forming 12 a contract, performing under an existing contract, or fulfilling an obligation required 13 by the transaction; 14 (3) "Blockchain technology," technology that uses a distributed, shared, and replicated 15 ledger, either public or private, with or without permission, or driven with or 16 without tokenized crypto economics where the data on the ledger is protected with 17 cryptography and is immutable and auditable; 18 (4) "Computer program," a set of statements or instructions to be used directly or 19 indirectly in an information processing system in order to bring about a certain 20 result; 21 (5) "Contract," the total legal obligation resulting from the parties' agreement as 22 affected by this chapter and other applicable law; 23 (6) "Electronic," any technology, including blockchain technology, using electrical, 24 digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 25 26.77.27 26.77.28 2 111 Underscores indicate new language. Overstrikes indicate deleted language. (7) "Electronic agent," a computer program or an electronic or other automated means 1 used independently to initiate an action or respond to electronic records or 2 performances in whole or in part, without review or action by an individual; 3 (8) "Electronic record," a record created, generated, sent, communicated, received, or 4 stored by electronic means. The term includes a record that is secured through 5 blockchain technology; 6 (9) "Electronic signature," an electronic sound, symbol, or process attached to or 7 logically associated with a record and executed or adopted by a person with the 8 intent to sign the record. The term includes a signature that is secured through 9 blockchain technology; 10 (10) "Governmental agency," an executive, legislative, or judicial agency, department, 11 board, commission, authority, institution, or instrumentality of the federal 12 government or of a state or of a county, municipality, or other political subdivision 13 of a state; 14 (11) "Information," data, text, images, sounds, codes, computer programs, software, 15 databases, or the like; 16 (12) "Information processing system," an electronic system for creating, generating, 17 sending, receiving, storing, displaying, or processing information; 18 (13) "Open protocol," a publicly available technical standard that: 19 (a) Enables interoperability and data exchange between social media services 20 by providing a common data standard to facilitate the exchange of a user's 21 personal data across multiple social media services; and 22 (b) Is free from licensing fees and patent restrictions; 23 (13)(14) "Person," an individual, corporation, business trust, estate, trust, partnership, 24 limited liability company, association, joint venture, governmental agency, public 25 corporation, or any other legal or commercial entity; 26 (15) "Personal data," information that is linked or reasonably linkable to an identified or 27 identifiable individual, including data that represents the individual's connections 28 and interactions within a social media service, and excluding de-identified data, 29 aggregated data, or publicly available information; 30 (14)(16) "Record," information that is inscribed on a tangible medium or that is stored 31 in an electronic or other medium and is retrievable in perceivable form; 32 (15)(17) "Security procedure," a procedure employed for the purpose of verifying that 33 an electronic signature, record, or performance is that of a specific person or for 34 detecting changes or errors in the information in an electronic record. The term 35 26.77.27 26.77.28 3 111 Underscores indicate new language. Overstrikes indicate deleted language. includes a procedure that requires the use of algorithms or other codes, identifying 1 words or numbers, encryption, or callback or other acknowledgment procedures; 2 (18) "Social media company," an entity that owns or operates a social media service; 3 (19) "Social media service," a public website or application that: 4 (a) Displays content that is primarily generated by account holders and not by 5 the social media company; 6 (b) Requires an individual to register as an account holder and create a profile 7 that is made visible to the public or a set of other users defined by the 8 account holder; 9 (c) Connects Has a primary function to connect account holders to allow users to interact 10 socially with each other 10 within the website or application; 11 (d) Allows account holders to post content viewable by other users; and 12 (e) Allows users to populate a public or semipublic list of social connections; 13 (f) Is not identifiable as email, cloud storage, interactive gaming, or document 13 14 viewing, sharing, or collaboration services; 14 and 15 (g) Is not a service or application that consists primarily of news, sports, 16 entertainment, electronic commerce, or content that is preselected by the 17 provider, or for which any chat, comments, or interactive functionality is 18 incidental to, directly related to, or dependent on the provision of the 19 content; 20 (16)(20) "State," a state of the United States, the District of Columbia, Puerto Rico, the 15 21 United States Virgin Islands, or any territory or insular possession subject to the 16 22 jurisdiction of the United States. The term includes an Indian tribe or band, or 17 23 Alaskan native village, which is recognized by federal law or formally acknowledged 18 24 by a state; 19 25 (17)(21) "Transaction," an action or set of actions occurring between two or more 20 26 persons relating to the conduct of business, commercial, or governmental affairs; 21 27 and 22 28 (22) "User," an individual who is a resident of this state, acting only in an individual or 23 29 household context and who accesses or uses a social media service. 24 30 Section 2. That § 55-1A-35.1 be AMENDED: 25 31 55-1A-35.1. If otherwise validly executed, the following documents may be 26 32 executed in accordance with chapter 53-12: 27 33 26.77.28 4 111 Underscores indicate new language. Overstrikes indicate deleted language. (1) The governing instrument of an express trust, or other document, other than a will 28 1 or codicil as defined in title 29A; 29 2 (2) The resignation, removal, appointment, or acceptance of appointment of any 30 3 trustee, any advisor or protector, or of any designated representation addressed 31 4 in title 55; 32 5 (3) A consent, release, ratification, or indemnification addressed in title 55; and 33 26.77.27 4 111 Underscores indicate new language. Overstrikes indicate deleted language. 6 (4) Any other document addressed by title 55 to the extent it is not excluded from the 1 7 scope of chapter 53-12. 2 8 Notwithstanding any provision of chapter 53-12 to the contrary, the documents 3 9 under this section are deemed to be a transaction within the meaning of subdivision 53-4 53-10 12-1(17), as defined in § 53-12-1, and are within the scope of chapter 53-12. 5 11 Section 3. That a NEW SECTION be added to chapter 53-12: 6 12 If a user requests a copy of the user's personal data being held by a social media 7 13 service with more than one hundred million active monthly users and whose primary focus 8 14 is not charity or religion, the social media service must provide the personal data in a 9 15 format that: 10 16 (1) Is portable to the extent technically feasible; 11 17 (2) Is readily usable to the extent practicable; and 12 18 (3) Allows the user to transmit the data to another social media service, without 13 19 impediment. 14 20 Section 4. That a NEW SECTION be added to chapter 53-12: 15 21 A social media company operating a social media service with more than one 16 22 hundred million active monthly users and whose primary focus is not charity or religion 17 23 shall implement a transparent, third-party-accessible interoperability interface subject to 18 24 section 3 of this Act to allow the social media service's users to choose to: 19 25 (1) Expose a common set of the user's personal data to other social media services; 20 26 and 21 27 (2) Enable third parties to access content created by the user and to be notified when 22 28 new or updated content is available, with the user's permission. 23 29 Section 5. That a NEW SECTION be added to chapter 53-12: 24 30 26.77.28 5 111 Underscores indicate new language. Overstrikes indicate deleted language. To achieve interoperability under section 4 of this Act, a social media company 25 1 operating a social media service with more than one hundred million active monthly users 26 2 and whose primary focus is not charity or religion shall provide users with the ability to 27 3 export their social graph to social media services in the following manner: 28 4 (1) The social media service shall allow a user the ability to choose whether to export 29 5 all of a user's social graph data or export only a subset of that data, and a user 30 6 may select a subset of the data by selecting: 31 26.77.27 5 111 Underscores indicate new language. Overstrikes indicate deleted language. 7 (a) Certain types of data; 1 8 (b) Certain dates of data; or 2 9 (c) Data generated since a previous transfer; 3 10 (2) A social media service shall make the export available in a machine readable 4 11 format; 5 12 (3) A social media service shall make the export using a publicly available technical 6 13 standard that is free from: 7 14 (a) Licensing fees; and 8 15 (b) Patent restrictions that any social media service can freely use; 9 16 (4) The social media service shall allow a user to choose between a single export or 10 17 continuous, ongoing exports, which must occur at least every twenty-four hours; 11 18 (5) The social media service shall ensure that the exports are done in a manner 12 19 consistent with industry best practices for privacy and security; and 13 20 (6) The social media service providing the export may impose reasonable terms on the 14 21 transfer, including terms to ensure privacy and security, provided that the terms 15 22 do not discriminate between social media services and do not unfairly preference 16 23 the social media service's own service over others. 17 24 Nothing in this section restricts a social media platform's ability to detect, prevent, 18 25 protect against, or respond to a security incident, risk to safety or integrity, harassment, 19 26 malicious or fraudulent activity, or any illegal activity. Nothing in this section restricts a 20 27 social media platform's ability to comply with any legal obligations. 21 28 Section 6. That a NEW SECTION be added to chapter 53-12: 22 29 A social media company operating a social media service with more than one 23 30 hundred million active monthly users and whose primary focus is not charity or religion 24 31 shall secure all personal data obtained through an interoperability interface and safeguard 25 32 the privacy and security of a user's personal data obtained from other social media 26 33 services through the interoperability interface, in accordance with the social media 27 34 26.77.28 6 111 Underscores indicate new language. Overstrikes indicate deleted language. company's privacy notice and administrative, technical, and physical data security 28 1 practices. 29 2 Section 7. That a NEW SECTION be added to chapter 53-12: 30 3 Sections 3 to 6, inclusive, of this Act do not apply to an entity that is owned, 31 4 controlled, operated, or maintained by a religious organization and is exempt from 32 5 property taxation under state law. 33 26.77.27 6 111 Underscores indicate new language. Overstrikes indicate deleted language. Section 8. That a NEW SECTION be added to chapter 53-12: 1 7 Nothing in this Act requires a social media service to import any data or treat 2 8 imported data differently from any other use-generated content on the service. 3 9 Section 9. This Act is effective beginning July 1, 2027. 4 10

26.77.28 26.77.29 101st Legislative Session 111 2026 South Dakota Legislature Senate Bill 111 SENATE HOUSE ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that social media companies provide collected personal data of a 1 user at the user's request and maintain transparent interoperability 2 interfaces. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 53-12-1 be AMENDED: 5 53-12-1. Terms used in this chapter mean: 6 (1) "Agreement," the bargain of the parties in fact, as found in their language or 7 inferred from other circumstances and from rules and procedures given the effect 8 of agreements under laws otherwise applicable to a particular transaction; 9 (2) "Automated transaction," a transaction conducted or performed, in whole or in 10 part, by electronic means or electronic records, in which the acts or records of one 11 or both parties are not reviewed by an individual in the ordinary course in forming 12 a contract, performing under an existing contract, or fulfilling an obligation required 13 by the transaction; 14 (3) "Blockchain technology," technology that uses a distributed, shared, and replicated 15 ledger, either public or private, with or without permission, or driven with or 16 without tokenized crypto economics where the data on the ledger is protected with 17 cryptography and is immutable and auditable; 18 (4) "Computer program," a set of statements or instructions to be used directly or 19 indirectly in an information processing system in order to bring about a certain 20 result; 21 (5) "Contract," the total legal obligation resulting from the parties' agreement as 22 affected by this chapter and other applicable law; 23 (6) "Electronic," any technology, including blockchain technology, using electrical, 24 digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 25 26.77.28 26.77.29 2 111 Underscores indicate new language. Overstrikes indicate deleted language. (7) "Electronic agent," a computer program or an electronic or other automated means 1 used independently to initiate an action or respond to electronic records or 2 performances in whole or in part, without review or action by an individual; 3 (8) "Electronic record," a record created, generated, sent, communicated, received, or 4 stored by electronic means. The term includes a record that is secured through 5 blockchain technology; 6 (9) "Electronic signature," an electronic sound, symbol, or process attached to or 7 logically associated with a record and executed or adopted by a person with the 8 intent to sign the record. The term includes a signature that is secured through 9 blockchain technology; 10 (10) "Governmental agency," an executive, legislative, or judicial agency, department, 11 board, commission, authority, institution, or instrumentality of the federal 12 government or of a state or of a county, municipality, or other political subdivision 13 of a state; 14 (11) "Information," data, text, images, sounds, codes, computer programs, software, 15 databases, or the like; 16 (12) "Information processing system," an electronic system for creating, generating, 17 sending, receiving, storing, displaying, or processing information; 18 (13) "Open protocol," a publicly available technical standard that: 19 (a) Enables interoperability and data exchange between social media services 20 by providing a common data standard to facilitate the exchange of a user's 21 personal data across multiple social media services; and 22 (b) Is free from licensing fees and patent restrictions; 23 (13)(14) "Person," an individual, corporation, business trust, estate, trust, partnership, 24 limited liability company, association, joint venture, governmental agency, public 25 corporation, or any other legal or commercial entity; 26 (15) "Personal data," information that is linked or reasonably linkable to an identified or 27 identifiable individual, including data that represents the individual's connections 28 and interactions within a social media service, and excluding de-identified data, 29 aggregated data, or publicly available information; 30 (14)(16) "Record," information that is inscribed on a tangible medium or that is stored 31 in an electronic or other medium and is retrievable in perceivable form; 32 (15)(17) "Security procedure," a procedure employed for the purpose of verifying that 33 an electronic signature, record, or performance is that of a specific person or for 34 detecting changes or errors in the information in an electronic record. The term 35 26.77.28 26.77.29 3 111 Underscores indicate new language. Overstrikes indicate deleted language. includes a procedure that requires the use of algorithms or other codes, identifying 1 words or numbers, encryption, or callback or other acknowledgment procedures; 2 (18) "Social media company," an entity that owns or operates a social media service; 3 (19) "Social media service," a public website or application that: 4 (a) Displays content that is primarily generated by account holders and not by 5 the social media company; 6 (b) Requires Permits an individual to register as an account holder and create a profile 7 that is made visible to the public or a set of other users defined by the 8 account holder; 9 (c) Has a primary function to connect Allows account holders to allow users to interact view content generated by other users; 10 socially with each other within the website or application; 11 (d) Allows account holders to post content viewable by other users; 12 11 (e) Allows users to populate a public or semipublic list of social connections; 13 (f) Is not identifiable as email, cloud storage, interactive gaming, or document 14 12 viewing, sharing, or collaboration services; and 15 (g) 13 (f) Is not a service or application that consists primarily of news, sports, 16 entertainment, electronic commerce, or content that is preselected by the 17 provider, or commerce 14 and for which any chat, comments, or interactive functionality is 18 incidental 15 to, directly related to, or dependent on the provision of the 19 content; 20 16 (16)(20) "State," a state of the United States, the District of Columbia, Puerto Rico, the 21 17 United States Virgin Islands, or any territory or insular possession subject to the 22 18 jurisdiction of the United States. The term includes an Indian tribe or band, or 23 19 Alaskan native village, which is recognized by federal law or formally acknowledged 24 20 by a state; 25 21 (17)(21) "Transaction," an action or set of actions occurring between two or more 26 22 persons relating to the conduct of business, commercial, or governmental affairs; 27 23 and 28 24 (22) "User," an individual who is a resident of this state, acting only in an individual or 29 25 household context and who accesses or uses a social media service. 30 26 Section 2. That § 55-1A-35.1 be AMENDED: 31 27 55-1A-35.1. If otherwise validly executed, the following documents may be 32 28 executed in accordance with chapter 53-12: 33 26.77.28 4 111 Underscores indicate new language. Overstrikes indicate deleted language. 29 (1) The governing instrument of an express trust, or other document, other than a will 1 30 or codicil as defined in title 29A; 2 31 (2) The resignation, removal, appointment, or acceptance of appointment of any 3 32 trustee, any advisor or protector, or of any designated representation addressed 4 33 in title 55; 5 34 26.77.29 4 111 Underscores indicate new language. Overstrikes indicate deleted language. (3) A consent, release, ratification, or indemnification addressed in title 55; and 6 1 (4) Any other document addressed by title 55 to the extent it is not excluded from the 7 2 scope of chapter 53-12. 8 3 Notwithstanding any provision of chapter 53-12 to the contrary, the documents 9 4 under this section are deemed to be a transaction within the meaning of subdivision 53-10 53-5 12-1(17), as defined in § 53-12-1, and are within the scope of chapter 53-12. 11 6 Section 3. That a NEW SECTION be added to chapter 53-12: 12 7 If a user requests a copy of the user's personal data being held by a social media 13 8 service with more than one hundred million active monthly users and whose primary focus 14 9 is not charity or religion, the social media service must provide the personal data in a 15 10 format that: 16 11 (1) Is portable to the extent technically feasible; 17 12 (2) Is readily usable to the extent practicable; and 18 13 (3) Allows the user to transmit the data to another social media service, without 19 14 impediment. 20 15 Section 4. That a NEW SECTION be added to chapter 53-12: 21 16 A social media company operating a social media service with more than one 22 17 hundred million active monthly users and whose primary focus is not charity or religion 23 18 shall implement a transparent, third-party-accessible interoperability interface subject to 24 19 section 3 of this Act to allow the social media service's users to choose to: 25 20 (1) Expose a common set of the user's personal data to other social media services; 26 21 and 27 22 (2) Enable third parties to access content created by the user and to be notified when 28 23 new or updated content is available, with the user's permission. 29 24 Section 5. That a NEW SECTION be added to chapter 53-12: 30 26.77.28 5 111 Underscores indicate new language. Overstrikes indicate deleted language. 25 To achieve interoperability under section 4 of this Act, a social media company 1 26 operating a social media service with more than one hundred million active monthly users 2 27 and whose primary focus is not charity or religion shall provide users with the ability to 3 28 export their social graph to social media services in the following manner: 4 29 26.77.29 5 111 Underscores indicate new language. Overstrikes indicate deleted language. (1) The social media service shall allow a user the ability to choose whether to export 5 1 all of a user's social graph data or export only a subset of that data, and a user 6 2 may select a subset of the data by selecting: 7 3 (a) Certain types of data; 8 4 (b) Certain dates of data; or 9 5 (c) Data generated since a previous transfer; 10 6 (2) A social media service shall make the export available in a machine readable 11 7 format; 12 8 (3) A social media service shall make the export using a publicly available technical 13 9 standard that is free from: 14 10 (a) Licensing fees; and 15 11 (b) Patent restrictions that any social media service can freely use; 16 12 (4) The social media service shall allow a user to choose between a single export or 17 13 continuous, ongoing exports, which must occur at least every twenty-four hours; 18 14 (5) The social media service shall ensure that the exports are done in a manner 19 15 consistent with industry best practices for privacy and security; and 20 16 (6) The social media service providing the export may impose reasonable terms on the 21 17 transfer, including terms to ensure privacy and security, provided that the terms 22 18 do not discriminate between social media services and do not unfairly preference 23 19 the social media service's own service over others. 24 20 Nothing in this section restricts a social media platform's ability to detect, prevent, 25 21 protect against, or respond to a security incident, risk to safety or integrity, harassment, 26 22 malicious or fraudulent activity, or any illegal activity. Nothing in this section restricts a 27 23 social media platform's ability to comply with any legal obligations. 28 24 Section 6. That a NEW SECTION be added to chapter 53-12: 29 25 A social media company operating a social media service with more than one 30 26 hundred million active monthly users and whose primary focus is not charity or religion 31 27 shall secure all personal data obtained through an interoperability interface and safeguard 32 28 the privacy and security of a user's personal data obtained from other social media 33 29 services through the interoperability interface, in accordance with the social media 34 26.77.28 6 111 Underscores indicate new language. Overstrikes indicate deleted language. 30 company's privacy notice and administrative, technical, and physical data security 1 31 practices. 2 32 Section 7. That a NEW SECTION be added to chapter 53-12: 3 33 26.77.29 6 111 Underscores indicate new language. Overstrikes indicate deleted language. Sections 3 to 6, inclusive, of this Act do not apply to an entity that is owned, 4 1 controlled, operated, or maintained by a religious organization and is exempt from 5 2 property taxation under state law. 6 3 Section 8. That a NEW SECTION be added to chapter 53-12: 7 4 Nothing in this Act requires a social media service to import any data or treat 8 5 imported data differently from any other use-generated content on the service. 9 6 Section 9. This Act is effective beginning July 1, 2027. 10 7

26.77.29 26.77.30 101st Legislative Session 111 2026 South Dakota Legislature Senate Bill 111 HOUSE ENGROSSED Introduced by: Senator Rohl Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require that social media companies provide collected personal data of a 1 user at the user's request and maintain transparent interoperability 2 interfaces. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 53-12-1 be AMENDED: 5 53-12-1. Terms used in this chapter mean: 6 (1) "Agreement," the bargain of the parties in fact, as found in their language or 7 inferred from other circumstances and from rules and procedures given the effect 8 of agreements under laws otherwise applicable to a particular transaction; 9 (2) "Automated transaction," a transaction conducted or performed, in whole or in 10 part, by electronic means or electronic records, in which the acts or records of one 11 or both parties are not reviewed by an individual in the ordinary course in forming 12 a contract, performing under an existing contract, or fulfilling an obligation required 13 by the transaction; 14 (3) "Blockchain technology," technology that uses a distributed, shared, and replicated 15 ledger, either public or private, with or without permission, or driven with or 16 without tokenized crypto economics where the data on the ledger is protected with 17 cryptography and is immutable and auditable; 18 (4) "Computer program," a set of statements or instructions to be used directly or 19 indirectly in an information processing system in order to bring about a certain 20 result; 21 (5) "Contract," the total legal obligation resulting from the parties' agreement as 22 affected by this chapter and other applicable law; 23 (6) "Electronic," any technology, including blockchain technology, using electrical, 24 digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; 25 26.77.29 26.77.30 2 111 Underscores indicate new language. Overstrikes indicate deleted language. SB111 ENROLLED (7) "Electronic agent," a computer program or an electronic or other automated means 1 used independently to initiate an action or respond to electronic records or 2 performances in whole or in part, without review or action by an individual; 3 (8) "Electronic record," a record created, generated, sent, communicated, received, or 4 stored by electronic means. The term includes a record that is secured through 5 blockchain technology; 6 (9) "Electronic signature," an electronic sound, symbol, or process attached to or 7 logically associated with a record and executed or adopted by a person with the 8 intent to sign the record. The term includes a signature that is secured through 9 blockchain technology; 10 (10) "Governmental agency," an executive, legislative, or judicial agency, department, 11 board, commission, authority, institution, or instrumentality of the federal 12 government or of a state or of a county, municipality, or other political subdivision 13 of a state; 14 (11) "Information," data, text, images, sounds, codes, computer programs, software, 15 databases, or the like; 16 (12) "Information processing system," an electronic system for creating, generating, 17 sending, receiving, storing, displaying, or processing information; 18 (13) "Open protocol," a publicly available technical standard that: 19 (a) Enables interoperability and data exchange between social media services 20 by providing a common data standard to facilitate the exchange of a user's 21 personal data across multiple social media services; and 22 (b) Is free from licensing fees and patent restrictions; 23 (13)(14) (14) "Person," an individual, corporation, business trust, estate, trust, partnership, 24 limited liability company, association, joint venture, governmental agency, public 25 corporation, or any other legal or commercial entity; 26 (15) "Personal data," information that is linked or reasonably linkable to an identified or 27 identifiable individual, including data that represents the individual's connections 28 and interactions within a social media service, and excluding de-identified data, 29 aggregated data, or publicly available information; 30 (14)(16) (16) "Record," information that is inscribed on a tangible medium or that is stored 31 in an electronic or other medium and is retrievable in perceivable form; 32 (15)(17) (17) "Security procedure," a procedure employed for the purpose of verifying that 33 an electronic signature, record, or performance is that of a specific person or for 34 detecting changes or errors in the information in an electronic record. The term 35 26.77.29 26.77.30 3 111 Underscores indicate new language. Overstrikes indicate deleted language. SB111 ENROLLED includes a procedure that requires the use of algorithms or other codes, identifying 1 words or numbers, encryption, or callback or other acknowledgment procedures; 2 (18) "Social media company," an entity that owns or operates a social media service; 3 (19) "Social media service," a public website or application that: 4 (a) Displays content that is primarily generated by account holders and not by 5 the social media company; 6 (b) Permits an individual to register as an account holder and create a profile 7 that is made visible to the public or a set of other users defined by the 8 account holder; 9 (c) Allows account holders to view content generated by other users; 10 (d) Allows account holders to post content viewable by other users; 11 (e) Is not identifiable as email, cloud storage, interactive gaming, or document 12 viewing, sharing, or collaboration services; and 13 (f) Is not a service or application that consists primarily of electronic commerce 14 and for which any chat, comments, or interactive functionality is incidental 15 to, directly related to, or dependent on the provision of the content; 16 (16)(20) (20) "State," a state of the United States, the District of Columbia, Puerto Rico, the 17 United States Virgin Islands, or any territory or insular possession subject to the 18 jurisdiction of the United States. The term includes an Indian tribe or band, or 19 Alaskan native village, which is recognized by federal law or formally acknowledged 20 by a state; 21 (17)(21) (21) "Transaction," an action or set of actions occurring between two or more 22 persons relating to the conduct of business, commercial, or governmental affairs; 23 and 24 (22) "User," an individual who is a resident of this state, acting only in an individual or 25 household context and who accesses or uses a social media service. 26 Section 2. That § 55-1A-35.1 be AMENDED: 27 55-1A-35.1. If otherwise validly executed, the following documents may be 28 executed in accordance with chapter 53-12: 29 (1) The governing instrument of an express trust, or other document, other than a will 30 or codicil as defined in title 29A; 31 (2) The resignation, removal, appointment, or acceptance of appointment of any 32 trustee, any advisor or protector, or of any designated representation addressed 33 in title 55; 34 26.77.29 4 111 Underscores indicate new language. Overstrikes indicate deleted language. (3) A consent, release, ratification, or indemnification addressed in title 55; and 1 26.77.30 4 111 SB111 ENROLLED (4) Any other document addressed by title 55 to the extent it is not excluded from the 2 scope of chapter 53-12. 3 Notwithstanding any provision of chapter 53-12 to the contrary, the documents 4 under this section are deemed to be a transaction within the meaning of subdivision 53-5 12-1(17), transaction, as defined in § 53-12-1, and are within the scope of chapter 53-12. 6 Section 3. That a NEW SECTION be added to chapter 53-12: 7 If a user requests a copy of the user's personal data being held by a social media 8 service with more than one hundred million active monthly users and whose primary focus 9 is not charity or religion, the social media service must provide the personal data in a 10 format that: 11 (1) Is portable to the extent technically feasible; 12 (2) Is readily usable to the extent practicable; and 13 (3) Allows the user to transmit the data to another social media service, without 14 impediment. 15 Section 4. That a NEW SECTION be added to chapter 53-12: 16 A social media company operating a social media service with more than one 17 hundred million active monthly users and whose primary focus is not charity or religion 18 shall implement a transparent, third-party-accessible interoperability interface subject to 19 section 3 of this Act to allow the social media service's users to choose to: 20 (1) Expose a common set of the user's personal data to other social media services; 21 and 22 (2) Enable third parties to access content created by the user and to be notified when 23 new or updated content is available, with the user's permission. 24 Section 5. That a NEW SECTION be added to chapter 53-12: 25 To achieve interoperability under section 4 of this Act, a social media company 26 operating a social media service with more than one hundred million active monthly users 27 and whose primary focus is not charity or religion shall provide users with the ability to 28 export their social graph to social media services in the following manner: 29 26.77.29 5 111 Underscores indicate new language. Overstrikes indicate deleted language. (1) The social media service shall allow a user the ability to choose whether to export 1 all of a user's social graph data or export only a subset of that data, and a user 2 may select a subset of the data by selecting: 3 26.77.30 5 111 SB111 ENROLLED (a) Certain types of data; 4 (b) Certain dates of data; or 5 (c) Data generated since a previous transfer; 6 (2) A social media service shall make the export available in a machine readable 7 format; 8 (3) A social media service shall make the export using a publicly available technical 9 standard that is free from: 10 (a) Licensing fees; and 11 (b) Patent restrictions that any social media service can freely use; 12 (4) The social media service shall allow a user to choose between a single export or 13 continuous, ongoing exports, which must occur at least every twenty-four hours; 14 (5) The social media service shall ensure that the exports are done in a manner 15 consistent with industry best practices for privacy and security; and 16 (6) The social media service providing the export may impose reasonable terms on the 17 transfer, including terms to ensure privacy and security, provided that the terms 18 do not discriminate between social media services and do not unfairly preference 19 the social media service's own service over others. 20 Nothing in this section restricts a social media platform's ability to detect, prevent, 21 protect against, or respond to a security incident, risk to safety or integrity, harassment, 22 malicious or fraudulent activity, or any illegal activity. Nothing in this section restricts a 23 social media platform's ability to comply with any legal obligations. 24 Section 6. That a NEW SECTION be added to chapter 53-12: 25 A social media company operating a social media service with more than one 26 hundred million active monthly users and whose primary focus is not charity or religion 27 shall secure all personal data obtained through an interoperability interface and safeguard 28 the privacy and security of a user's personal data obtained from other social media 29 services through the interoperability interface, in accordance with the social media 30 company's privacy notice and administrative, technical, and physical data security 31 practices. 32 Section 7. That a NEW SECTION be added to chapter 53-12: 33 26.77.29 6 111 Underscores indicate new language. Overstrikes indicate deleted language. Sections 3 to 6, inclusive, of this Act do not apply to an entity that is owned, 1 controlled, operated, or maintained by a religious organization and is exempt from 2 property taxation under state law. 3 26.77.30 6 111 SB111 ENROLLED Section 8. That a NEW SECTION be added to chapter 53-12: 4 Nothing in this Act requires a social media service to import any data or treat 5 imported data differently from any other use-generated content on the service. 6 Section 9. This Act is effective beginning July 1, 2027. 26.77.30 7 111 SB111 ENROLLED An Act to require that social media companies provide collected personal data of a user at the user's request and maintain transparent interoperability interfaces. I certify that the attached Act originated in the: Senate as Bill No. 111 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 111 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State