South Dakota 2026 Regular Session

South Dakota Senate Bill SB110

Introduced
1/23/26  
Refer
1/26/26  
Engrossed
2/20/26  
Refer
2/23/26  

Caption

Regulate how broadband internet access service providers use customer data.

Impact

The implementation of SB110 will increase the responsibilities of broadband service providers regarding customer data privacy. They will be required to inform customers about the types of personal information collected, how this data is used, and their rights concerning consent and access to their data. The bill also mandates that providers implement security measures to safeguard customer information against unauthorized access or breaches, making them accountable for data privacy practices. Through these provisions, the bill seeks to bolster the protection of customer data at a state level.

Summary

Senate Bill 110 aims to establish regulations on how broadband internet access service providers handle customer data. The legislation outlines specific definitions related to customer personal information, including what constitutes customer data and the circumstances under which service providers may use, disclose, or sell this information. Notably, the bill requires service providers to obtain explicit 'opt-in' consent from customers before utilizing their personal information for any purpose outside the immediate provision of broadband internet services. This aims to increase transparency and customer control over their personal data.

Sentiment

Overall sentiment surrounding SB110 appears to be supportive among consumer advocacy groups and privacy advocates who argue that such regulations are necessary to protect individuals' personal information in an increasingly digital world. However, there could be concerns from broadband service providers regarding the implications of needing to adjust their data practices significantly, which might incur additional operational costs and affect service delivery efficiency. As more states consider similar legislation, the debate centers on balancing consumer protection and the operational flexibility necessary for service providers.

Contention

Despite the bill's favorable reception in terms of consumer protections, some industry stakeholders raise concerns about potential overregulation. They argue that requiring explicit opt-in consent could hinder service delivery efficiency and that many customers may not fully understand the implications of consent on their data usage. There's a fear that this could lead to unintended consequences, such as customers becoming unaware of beneficial service offerings simply because they did not opt in. The ongoing discussions highlight the tension between consumer rights and business interests, illustrating the complexity inherent in regulating technology-driven services.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1217

Require customer consent for installation of a smart meter for a utility service.

SD SB177

Provide a sales and use tax refund for goods and services related to data center operations.

SD SB180

To require age verification before an individual may access an application from an online application store.

SD SB81

Prohibit the use of a firearms code for transactions involving firearms, accessories, components, and ammunition and to provide a civil penalty therefor.

SD SB154

Prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.

SD HB1239

Revise certain provisions related to the restriction of access to obscene materials in a public library or public school library.

SD HB1259

Prohibit unauthorized access to certain multi-occupancy rooms.

SD HB1221

Make an appropriation for victim services provided by nonprofit organizations.

SD SB1

Update references to certain federal motor carrier regulations.

SD HB1008

Include a hybrid facility as a facility to be regulated by the Public Utilities Commission.

Similar Bills

CA AB1271

Communications: broadband internet service providers.

CA AB353

An act to add Title 15.

HI HB1472

Relating To Broadband Service.

HI HB1472

Relating To Broadband Service.

HI SB1036

Relating To Consumer Protection.

HI SB1036

Relating To Consumer Protection.

CT SB00514

An Act Establishing A Net Equality Program.

AZ HB2930

Broadband; internet protocol services; commission