South Dakota § 53-12-53 - Social media service--User data handling--Data interoperability implementation--Applicability.

§ 53-12-53. Social media service--User data handling--Data interoperability implementation--Applicability.

Effective July 1, 2027

53-12-53. Social media service--User data handling--Data interoperability implementation--Applicability.

To achieve interoperability under § 53-12-52, a social media company operating a social media service with more than one hundred million active monthly users and whose primary focus is not charity or religion shall provide users with the ability to export their social graph to social media services in the following manner:

(1)    The social media service shall allow a user the ability to choose whether to export all of a user's social graph data or export only a subset of that data, and a user may select a subset of the data by selecting:

(a)    Certain types of data;

(b)    Certain dates of data; or

(c)    Data generated since a previous transfer;

(2)    A social media service shall make the export available in a machine readable format;

(3)    A social media service shall make the export using a publicly available technical standard that is free from:

(a)    Licensing fees; and

(b)    Patent restrictions that any social media service can freely use;

(4)    The social media service shall allow a user to choose between a single export or continuous, ongoing exports, which must occur at least every twenty-four hours;

(5)    The social media service shall ensure that the exports are done in a manner consistent with industry best practices for privacy and security; and

(6)    The social media service providing the export may impose reasonable terms on the transfer, including terms to ensure privacy and security, provided that the terms do not discriminate between social media services and do not unfairly preference the social media service's own service over others.

Nothing in this section restricts a social media platform's ability to detect, prevent, protect against, or respond to a security incident, risk to safety or integrity, harassment, malicious or fraudulent activity, or any illegal activity. Nothing in this section restricts a social media platform's ability to comply with any legal obligations.

Source: SL 2026, ch 197, § 5, eff. Jul. 1, 2027.