South Dakota § 1-27-28 - Definition of terms.

§ 1-27-28. Definition of terms.

Terms used in §§ 1-27-29 to 1-27-32, inclusive, mean:

(1)    "Private entity," any person or entity that is not a public entity as defined by subdivision 3-21-1(2);

(2)    "State agency," any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term does not include the Legislature, the Unified Judicial System, the Public Utilities Commission, the Department of Agriculture and Natural Resources, any law enforcement agency, or any unit of local government, or joint venture comprised of local governments;

(3)    "Financial investigation, examination, or audit," any examination conducted by a state agency of a private entity's proprietary information or trade secret information;

(4)    "Proprietary information," information on pricing, costs, revenue, taxes, market share, customers, and personnel held by private entities and used for that private entity's business purposes;

(5)    "Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, process, marketing plan, or strategic planning information that:

(a)    Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b)    Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Source: SL 1996, ch 12, § 1; SL 2003, ch 20, § 1; SL 2004, ch 25, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.