SB110 — Changes to Existing Law | SD Legislature Tracker

NEW SECTION added to Chapter 49-31

Terms used in this Act mean: (1) "Aggregate customer personal information dataset," a collection of data that relates to a group or category of customers, which is not linked or reasonably linkable to any individual person, household, or device, and from which individual customer identities and characteristics have been removed; (2) "Broadband internet access service," a mass-market retail service, by wire or radio, that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service; (3) "Broadband internet access service provider," a person engaged in furnishing broadband internet access service; (4) "Customer," a current or former subscriber to, or applicant for, broadband internet access service; (5) "Customer personal information," the following data, which is collected by a broadband internet access service provider from or about a customer and is made available to the broadband internet access service provider by a customer solely by virtue of the service provider-customer relationship: (a) Content of communications, and any part of the substance, purpose, or meaning of a communication or any other part of a communication that is highly suggestive of the substance, purpose, or meaning of a communication, and which includes application payload; (b) Date of birth, age, ethnicity, gender, nationality, political beliefs, race, religion, or sexual orientation; (c) Device identifiers; (d) Financial information; (e) Geolocation information sufficient to identify the street name and municipality of the user; (f) Government-issued personal identification numbers; (g) Health information; (h) Information concerning a customer that is collected or made available and is maintained in a way that is linked or reasonably linkable to a customer or device; (i) Information pertaining to children; (j) Information that relates to the quantity, technical configuration, type, destination, and location of use of the broadband internet access service; (k) Mailing address, physical address, email address, and phone number; and (l) Name and billing information; and (6) "Opt-in consent," affirmative, express customer approval for the requested use, disclosure, sale, or access to the customer personal information after the customer is provided appropriate notification of the broadband service provider's practices under section of this Act. 20