Req. No. 1410 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 924 By: Treat AS INTRODUCED An Act relating to sharing of state data; creating definition; stating ownership of state data; requiring state agencies to comply with statutory obligations; authorizing the Office of Ma nagement and Enterprise Services to promulgate rules to establish certain standards; authorizing the sharing of dat a between state agencies upon request; re quiring submission of specified information o n certain form; requiring the Office of Management and En terprise Services to grant or deny request; authorizing state agencies to decline requests for data; authorizing state agencies to seek final determinatio n; requiring cabinet secretary to make final determ ination; construing provision ; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A n ew section of law to be codified in the Oklahoma Statutes as Section 34.210 of Title 62, unless there is created a duplication in numb ering, reads as follows: A. As used in this section, “state data” means all data files hosted, procured, owned, processed , secured or stored, by this state or its state agencies, while in the course of state business and shall include any and all data not ot herwise prohibited from such Req. No. 1410 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 classification by state or federal law. Such data shall be the property of this state. B. While this state is the owner of state data, individual state agencies shall comply with their respective statutory obligations in managing state data including responding to open records requests, reporting an d responding to data breaches and any other statutory obligations required when collecting or processing state data. C. The Office of Management and Enterprise Services may promulgate rules to establish standards and criteria for sharing state data between state agencies . D. State data may be shared between state agencies upon request from the Office of Management and Enterprise Services . The request shall be on a form provided by the Office of Management and Enterprise Services and shall specify why the data is being requested and what the intended purpose is for the requested data. After reviewing the documentation, the Office of Management and Enterprise Services shall grant or deny the request for access and utilization of the requested data. The Office of Management and Enterprise Servi ces may deny requests to share state data if the stated p urpose does not meet the established standards and criteri a for sharing state data . State agencies may decline request s to share state dat a if the state data Req. No. 1410 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 requested is otherwise prohibited from being shared by state or federal law. E. If a state agency’s request for state data has been de clined by another state agency, the in itial requestor may seek a final determination from the Office of Manage ment and Enterprise Services as to whether the requested state data shall be shared. If a state agency disputes the decision of the Office of Management and Enterprise Services, the Office of Manage ment and Enterprise Services cabinet secretary shall make a final determination whether the request to share state data will be granted or denied. F. The powers provided in this section shall be in add ition to and not in substitution for any powers provided to the Office of Management and Enterprise Services by rule or law. No powers provided in this section shall e xempt or supersede a state agency’s statutory responsibility to protect data and to comply with requirements of the Oklahoma Open Records Act. SECTION 2. This act shall become effective November 1, 2021. 58-1-1410 QD 1/21/2021 5:09:58 PM