South Dakota Codified Laws 58-26-103. Confidential information privileged–Use and sharing
(1) Except as provided in §§ 58-26-102 to 58-26-104, inclusive, a company’s confidential information is confidential by law and privileged, and is not subject to open records, freedom of information, sunshine or other appropriate phrase, is not subject to subpoena and is not subject to discovery or admissible in evidence in any private civil action; provided, however, that the director is authorized to use the confidential information in the furtherance of any regulatory or legal action brought against the company as a part of the director’s official duties;
(2) Neither the director nor any person who received confidential information while acting under the authority of the director is permitted to testify in any private civil action concerning any confidential information;
Terms Used In South Dakota Codified Laws 58-26-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(3) In order to assist in the performance of the director’s duties, the director may share confidential information: