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Employee Privacy: South Dakota

Employee Privacy requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Gloria Ju


  • The South Dakota Supreme Court recognizes three actionable invasion of privacy claims. See Common Law Invasion of Privacy Claims.
  • Although they are not workplace-specific, employers in South Dakota should abide by state law restrictions on monitoring telephones and computers and using surveillance devices. See Employee Monitoring.
  • Employers have the right and, in some situations, a legal duty, to conduct background checks on prospective employees. See Background Checks.
  • South Dakota's drug testing law applies only to public employers. See Drug Testing.
  • South Dakota prohibits discrimination based on genetic testing against current and prospective employees. See Genetic Testing.
  • South Dakota law prohibits employers from discriminating against employees for off-duty tobacco use. See Legal Off-Duty Activities.
  • South Dakota has a data breach protection law. See Data Breaches.