44 : 90 : 04 : 09 . Storage of camera footage. An establishment shall maintain surveillance recordings for a minimum of 90 days, either:

1. (1) On a surveillance system storage device secured on the premises in a lockbox, cabinet, or closet and alarmed with motion and seismic sensors to protect from employee tampering or criminal theft; or

2. (2) Stored on a secure third-party server.

   All video recordings are subject to inspection by any department employee or law enforcement officer and must be copied and provided to the department or law enforcement officer upon request.

   An establishment shall maintain a list of all persons with access to video surveillance recordings and maintain written procedures for controlling access to recordings.

Source: 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 34-20G-72 (5)(c).

Law Implemented: SDCL 34-20G-64 , 34-20G-72 (5).