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South Dakota FOIA procedures
| South Dakota FOIA procedures |
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| FOIA laws in South Dakota |
| Freedom of Information Act |
| Court cases with an impact on state FOIA |
| FOIA procedures by state |
Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.
This article describes FOIA procedures in South Dakota as of May 2025. On this page you will find:
- How to request public records
- Who may request public records
- Fees associated with public records requests
- Required response times for requests
- Exemptions to public records requests
How to request public records in South Dakota
Requests for public records of public agencies must be made directly to the agency in question. According to South Dakota Codified Laws Section 1-27-1:[1]
| “ | Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.[2] | ” |
Purpose and use
South Dakota law does not require a stated reason for the request. Use of records is generally not restricted. However, certain subscription or license holder lists may not be resold or redistributed.[3]
| “ | Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.[2] | ” |
Who may request public records?
South Dakota law states that any person may request public documents. However, certain records regarding correctional facilities are not available to people who are incarcerated.[1][4]
| “ | Section 1-27-1: Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.[2] | ” |
| “ | Section 1-27-1.13: The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate's attorney requesting information that is subject to disclosure under this chapter.[2] | ” |
South Dakota is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
South Dakota law allows fees to be charged for specialized services, or for access to subscription or license holder lists. According to South Dakota Codified Laws Sections 1-27-1.2 and 1-27-1.11:[5][3]
| “ | Section 1-27-1.2: If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.
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| “ | Section 1-27-1.11: Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.
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Response time
- See also: Request response times by state
South Dakota law does not specify a required response time.
As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.
Exemptions
South Dakota law exempts certain types of records from public access. According to South Dakota Codified Laws Section 1-27-1.5-9:[6]
| “ | Section 1-27-1.5 The following records are not subject to §§ 1-27-1, 1-27-1.1, 1-27-1.3, and § 1-27-1.23:
(1) Personal information in records regarding any student, prospective student, or former student of any educational institution if such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public in accordance with 20 U.S.C. § 1232g as the law existed on January 1, 2009; (2) Medical records, including all records of drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This law in no way abrogates or changes existing state and federal law pertaining to birth and death records; (3) Trade secrets, the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution or laboratory funded in whole or in part by the state, and other proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose; (4) Records which consist of attorney work product or which are subject to any privilege recognized in article V of chapter 19-19; (5) Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training. However, this subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants; (6) Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property; (7) Personnel information other than salaries and routine directory information. However, this subdivision does not apply to the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee; (8) Information pertaining to the protection of public or private property and any person on or within public or private property including: (a) Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; (b) Emergency management or response; (c) Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; (d) Computer or communications network schema, passwords, or user identification names; (e) Guard schedules; (f) Lock combinations; and (g) Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; (9) The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Gaming Commission and those persons or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any information relating to amounts paid persons or entities with which the commission has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the municipality, or county where the prize winner resides; (10) Personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists; (11) Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services; (12) Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees; (13) Records or portions of records kept by public bodies which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in South Dakota if necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This subdivision does not apply to the release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, or the federal Native American Graves Protection and Repatriation Act; (14) Records or portions of records kept by public bodies which maintain collections of archeological, historical, or paleontological significance which nongovernmental donors have requested to remain closed or which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions thereof may be needed to carry out the purposes of the federal Native American Graves Protection and Repatriation Act and the Archeological Resources Protection Act; (15) Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body; (16) Social security numbers; credit card, charge card, or debit card numbers and expiration dates; passport numbers, driver license numbers; or other personally identifying numbers or codes; and financial account numbers supplied to state and local governments by citizens or held by state and local governments regarding employees or contractors; (17) Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel; (18) Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, promotion or reclassification, or academic credit; (19) Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee; (20) Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding except as provided under § 1-27-1.23; (21) Any list of names or other personally identifying data of occupants of camping or lodging facilities from the Department of Game, Fish and Parks; (22) Records which, if disclosed, would constitute an unreasonable release of personal information; (23) Records which, if released, could endanger the life or safety of any person; (24) Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21; (25) Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C; (26) Records regarding inmate disciplinary matters pursuant to § 1-15-20; (27) Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits; (28) A record of a settlement agreement or litigation regarding investment or bankruptcy and involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless the settlement or litigation results in a finding of liability against the council or system, or both; and (29) A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9. Section 1-27-1.6 The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive: (1) Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss; (2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal; (3) Financial and commercial information and records supplied by private persons pertaining to export services; (4) Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services; (5) Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds; (6) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) Data unique to the product or services of the vendor; or (c) Determining prices or rates to be charged for services, submitted by any vendor to any public body; (7) Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing; (8) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body. Section 1-27-1.7 Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive. Section 1-27-1.8 Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive. Section 1-27-1.9 No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.[2] |
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See also
External links
Footnotes
- ↑ 1.0 1.1 South Dakota Legislature, "Codified Laws," accessed May 19, 2025 (Sec. 1-27-1)
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 South Dakota Legislature, "Codified Laws," accessed May 19, 2025 (Sec. 1-27-1.11)
- ↑ South Dakota Legislature, "Codified Laws," accessed May 19, 2025 (Sec. 1-27-1.13)
- ↑ South Dakota Legislature, "Codified Laws," accessed May 19, 2025 (Sec. 1-27-1.2)
- ↑ South Dakota Legislature, "Codified Laws," accessed May 19, 2025 (Sec. 1-27-1.2-9)
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