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Oklahoma Data Breach Statute

 

Okla. Stat. § 24-161--166

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible and
without unreasonable delay

NO*

 

More Details

Scope of this Summary Notification requirements applicable to individuals or entities that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; or financial account, credit card or debit card number in combination with any required security or access code or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted or redacted, so long as encryption key was not accessed or acquired.
Breach Defined Unauthorized access or acquisition that compromises the security or confidentiality of the covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made without unreasonable delay consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.

Method: By written notice (to the postal address in covered entity’s records), telephone notice, or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines and advises that notification will impede a criminal or civil investigation or homeland or national security.
Harm Threshold Notification not required if covered entity reasonably believes that breach has not and will not cause identity theft or other fraud to any Oklahoma resident.
Government Notice *Notice to state regulator is generally not required. : However, entities subject to the state Real Estate Commission must send notice of breach to the Commission (Okla. Admin. Code § 605:10-13-1).
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them as soon as practicable following discovery of a breach.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018