South Dakota Bill 1309 restricts online personal data processing for individuals 16 and under

Original title: restrict the processing of online personal data of individuals sixteen years of age or younger.

Last action · February 20, 2026: TabledSponsors: John Shubeck and 3 others

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Introduced

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Floor Vote

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What This Bill Proposed

South Dakota House Bill 1309 prohibits website and app operators from personal data for users aged 16 or younger without specific parental consent or unless meeting strict service exemptions. Within 14 days of identifying a , operators must delete their data and notify any third parties. The measure authorizes the state attorney general to enforce violations with civil actions and penalties up to $5,000 per violation after a 60-day cure period.

Why it matters

Digital platforms and online service providers operating in South Dakota face new compliance mandates, data deletion deadlines, and financial penalties for handling the personal information of minors.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Minors

Their online personal data collection and processing by digital operators are restricted and subject to mandatory deletion.

Directly affected

Parents and legal guardians

They must provide consent for online data processing for covered users between thirteen and sixteen years of age.

Directly affected

Online app and website operators

They must comply with data deletion timelines, third-party notifications, and face potential civil penalties for unauthorized data processing.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What age group does House Bill 1309 cover?

The bill covers individuals sixteen years of age or younger who use mobile applications, online applications, online services, or websites in South Dakota.

Who is responsible for enforcing this legislation?

The provisions are enforceable solely by the state attorney general, and the bill does not create a private right of action for individuals.

What else do you want to know?

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Where This Stands

This bill did not become law - Tabled in the House.

Procedural history

4 actions

Feb 20, 2026House
Tabled
Feb 20, 2026House
Scheduled for hearing
Feb 5, 2026HouseCommittee
Referred to
Feb 4, 2026HouseIntroduced
First Reading House

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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