South Dakota Administrative Rules
Title 22 - Counties
Article 22:03 - Electronic Recording
Chapter 22:03:01 - Electronic recording in county register of deeds office
Section 22:03:01:08 - Security requirements

(1) Secure method. A participating register of deeds shall provide a secure method for accepting electronic documents through the electronic document delivery system and for recording and maintaining documents in the land records management system. Security standards implemented by a participating register of deeds shall accommodate electronic signatures and notarization of electronic documents in a manner that complies with SDCL chapter 7-9 A;

(2) Security procedures. A delivery agent shall implement and maintain security procedures for electronic transmissions of documents and shall be responsible for maintaining the security of the systems within its office;

(3) Disaster recovery. Electronic document delivery systems and land records management systems shall protect against system and security failures and, in addition, shall provide backup, disaster recovery, and audit trail mechanisms. Audit trail information shall be provided by the system vendors to participating register of deeds on request;

(4) Unauthorized use. The electronic document delivery system or land records management system may not permit any unauthorized party to modify, manipulate, insert, or delete information in any electronic document or the public record to be maintained by the register of deeds; and

(5) Breach in security. If a breach in security is detected by the participating register of deeds, delivery agent, submitter, or land records management system vendor, the party detecting the breach shall notify the other parties immediately. The parties shall cooperate to resolve issues related to a breach.