South Dakota

A 2009 revision to the state’s open records law shifted the legal standard for all state records — including electronic records — to presume they are public records unless an exception to the law would allow them to remain private. Electronic records are not specifically addressed in the new law; however, the state records management program statutes pertain to records in any physical form and make them state property. S.D.C.L. § 1-27-9 and S.D.C.L. § 1-27-10.