State of South Dakota
Representatives Hackl, Cutler, Garnos, Hargens, Rave, Schafer, and Weems
and Senators Duenwald, Bogue, Gray, and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
regulate the use of radio frequency identification tags.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Any person that uses an electronic product code system utilizing radio frequency
identification (RFID) tags that can be used to gather information about any other person shall
obtain written consent from that person before any personally identifiable information of that
person, including name, address, telephone number, or credit card number, is attached to or
stored with data collected via the RFID system.
A person shall obtain separate written signed consent before any personally
identifiable information about the signatory collected by a RFID system is shared with a third
Any person has the right to access his or her personally identifiable information
collected through a RFID system and the opportunity to make corrections to that information.
Any person shall take reasonable measures to ensure that any individual data
collected via a RFID system is transmitted and stored in a secure manner, and that access to the
data is limited to those persons needed to operate and maintain the RFID system.
If a retail store uses a RFID system on a consumer item, the RFID tag shall be
detached or destroyed before a consumer leaves the store.
The collection of information through a RFID system that is aggregate in nature
and that does not personally identify any individual person is not a violation of this Act.