South Dakota 2026 Regular Session

South Dakota Senate Bill SB49

Introduced
1/13/26  
Refer
1/13/26  
Report Pass
1/20/26  
Engrossed
1/22/26  
Refer
1/26/26  
Report Pass
3/2/26  
Enrolled
3/4/26  

Caption

Safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

Impact

The legislation is set to enhance the legal framework surrounding consumer genetic data in South Dakota. By imposing requirements for explicit consent and privacy protections, SB49 aims to empower consumers and ensure they have control over their genetic information. This will likely influence how companies operate, possibly leading to improved standards in data security and privacy management. Non-compliance with these provisions may result in civil penalties, promoting accountability among genetic testing providers.

Summary

Senate Bill 49 aims to safeguard the integrity, privacy, and security of genetic data collected by direct-to-consumer genetic testing companies. The bill establishes clear guidelines that require these companies to obtain explicit consent from consumers before collecting, using, or disclosing genetic data. It mandates that companies create transparent privacy policies that inform consumers about data handling practices, including the collection, retention, and potential sharing of their genetic information. Additionally, it provides mechanisms for consumers to access, delete, and revoke consent regarding their genetic data.

Sentiment

The overall sentiment surrounding SB49 is predominantly positive among consumer advocacy groups and privacy rights supporters. They view the bill as a necessary step towards protecting individuals' personal information in an era where genetic data can be exploited. However, there are concerns from some industry stakeholders regarding the potential administrative burden and implications for their business models, which could be seen as overly restrictive. The debate reflects a broader tension between protecting consumer privacy and fostering innovation in the genetic testing industry.

Contention

Notable points of contention include the level of consent required from consumers, particularly the necessity for separate explicit consent for every use of their genetic data. Critics argue that the bill may complicate the testing process and could deter consumers from using genetic testing services altogether. Additionally, there are discussions about the exemptions listed in the bill, which some believe may create loopholes that could undermine the overall intent of the legislation to provide comprehensive protection for genetic information.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1166

Enhance penalties for the violation of right-to-work statutes and to provide a penalty therefor.

SD HB1069

Regulate vapor products and to provide a penalty therefor.

SD SB116

Revise and repeal provisions related to street racing prohibitions and to provide a penalty therefor.

SD SB130

Authorize the shipment of distilled spirits direct to consumers, and to provide a penalty therefor.

SD SB14

Revise and repeal provisions related to agricultural production facilities and to provide a penalty therefor.

SD HB1094

Modify laws regarding school bus safety and to provide a penalty therefor.

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 HB1009

Provide for the creation and use of South Dakota educational empowerment accounts, and to provide a penalty therefor.

SD HB1056

Prohibit the preparation, sale, and distribution of certain kratom products and to provide a penalty therefor.

SD HB1058

Prohibit the reporting of medical debt to a consumer reporting agency and to provide a penalty therefor.

Similar Bills

IN HB1570

Social Security number search requests.

NJ S2479

Authorizes parent or guardian to place security freeze on child's consumer report.

IN HB1280

Social Security number search requests.

TN HB0630

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to consumer data.

TN SB0663

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to consumer data.

CT HB05128

An Act Concerning Direct-to-consumer Genetic Testing.

MS SB2779

Mississippi Consumer Data Privacy Act; enact.

MS SB2015

Mississippi Consumer Data Privacy Act; enact.