South Dakota Genetic Data Privacy Bill Signed into Law

AG: South Dakota Press Releases

Published March 23rd, 2026

Detected March 24th, 2026

Summary

South Dakota Governor Larry Rhoden signed Senate Bill 49 into law, establishing protections for personal genetic data and including civil penalties for violations. The bill was championed by Attorney General Marty Jackley and follows a coalition lawsuit against 23andMe.

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What changed

South Dakota has enacted Senate Bill 49, a new law aimed at safeguarding the privacy and security of personal genetic data. The bill, signed by Governor Larry Rhoden on March 23, 2026, explicitly prohibits the sale of genetic data without customer consent and establishes civil penalties for violations. This legislation was driven by Attorney General Marty Jackley, who joined a coalition of 29 Attorneys General in a lawsuit against 23andMe over its data sale practices.

This new law imposes direct obligations on entities that collect or handle genetic data within South Dakota. Companies must ensure robust privacy and security measures are in place and obtain explicit consent before selling or sharing customer genetic information. The inclusion of civil penalties signifies a serious enforcement stance, requiring compliance officers to review current data handling practices, update privacy policies, and implement necessary technical and organizational safeguards to avoid potential fines. The specific penalty amounts are not detailed in this announcement, but the presence of civil penalties necessitates immediate attention to compliance.

What to do next

Review and update data privacy policies to include genetic data protections.
Implement consent mechanisms for the collection and sale of genetic data.
Establish technical and organizational safeguards for genetic data security.

Penalties

Civil penalties therefor

Source document (simplified)

Attorney General Marty Jackley

A TTORNEY OFFICE OF THE
SOUTH DAKOTA G ENERAL

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Attorney General Jackley’s Genetic Data Privacy Bill Signed into Law
FOR IMMEDIATE RELEASE: Monday, March 23, 2026

Contact: Tony Mangan, **** Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley’s bill to protect personal genetic data was signed Monday by Gov. Larry Rhoden, meaning all 10 of the Attorney General’s legislative measures this session have been signed into law.

Senate Bill 49 safeguards the integrity, privacy, and security of genetic data and provides a civil penalty therefor. Attorney General Jackley said the bill was a result of him joining a coalition of 29 Attorneys General who filed a 2025 lawsuit against 23andMe to block the company’s sale of personal genetic data without customer consent.

“Our genetic data, like our other personal information, should not be sold to the highest bidder,” said Attorney General Jackley. “Genetic data is sensitive personal information that belongs only to each individual.”

Attorney General Jackley’s nine other bills to be approved by the Legislature and signed by the Governor were:

Senate Bill 17: Prohibits a candidate or political committee from accepting contributions or loans made by a foreign national. It unanimously passed both the House and Senate.

Senate Bill 41: Revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

Senate Bill 42: Enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

Senate Bill 43: Address search and seizure provisions applicable to digital currency.

Senate Bill 44: Establish investigative subpoena authority to gather business records in certain investigations.

Senate Bill 45: Revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of under the age of twenty-one and to provide a penalty therefor.

Senate Bill 46: Modify the requirements for open meeting agendas and provide a penalty therefor.

Senate Bill 47: Revise the requirements for executive sessions and closed meetings.

Senate Bill 48: Clarify that an official open meeting agenda must be posted online at least seventy-two hours before the scheduled start of the meeting.

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