South Dakota Codified Laws 32-5-147. Disclosure on proof of identity of requestor and representation of use for certain limited purposes
Personal information may be disclosed to any person by the department on proof of the identity of the person requesting the record and representation by such person that the use of the personal information will be strictly limited to the following described uses:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions;
Terms Used In South Dakota Codified Laws 32-5-147
- Fraud: Intentional deception resulting in injury to another.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Service of process: The service of writs or summonses to the appropriate party.
(2) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only under the following circumstances:
(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(b) If such information as submitted is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
(3) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self–regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;
(4) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;
(5) For use by any insurer or insurance support organization, or by a self–insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti– fraud activities, rating, or underwriting;
(6) For use in providing notice to the owners or lienholders of towed or impounded vehicles;
(7) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section;
(8) For use in connection with the operation of private toll transportation facilities;
(9) For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.
Source: SL 2001, ch 165, § 5.