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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 38 By: Dahm
AS INTRODUCED
An Act relating to electronic data; defining te rms;
prohibiting obtaining of certain dat a without a court
order or search warrant; prohibit ing use or
disclosure of certain data; requiring destruction of
certain data; providing exceptions; prohibiting
admissibility of certain information; requiring
certain notice; providing for codification; a nd
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 17 9.1 of Title 13, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Electronic communication service ” means a service that
provides to users of the service the ability to send or receive wire
or electronic communications;
2. “Electronic device” means a device that enables access to or
use of an electronic communication service or remote computing
service or location information service ;
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3. “Government entity” means the state, a county, a
municipality, a higher education institution, a local distri ct, a
special service district or any other politica l subdivision of the
state or an administrative subunit of any political subdivision
including a law enforcement entity or any other investigative
entity, agency, department, division, bureau, board or co mmission,
or an individual acting or purporting to a ct for or on behalf of a
state or local agency;
4. “Location information ” means information concerning the
location of an electronic device that, in whole or in part , is
generated or derived from or obta ined by the operation of an
electronic device;
5. “Location information service ” means the provision of a
global positioning service or other mapping, locational or
directional information service;
6. “Metadata” means the structural information of an ele ctronic
file that contains data about the file itsel f rather than the
content of the file. The term includes but is not limited to hidden
text, formatting codes and formulae, and includes all contextual,
processing and use information necessary to identif y and certify the
scope, authenticity and integrity of active or archival electronic
information or records;
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7. “Remote computing service ” means the provision of computer
storage or processing services by means of an electronic
communications system;
8. “Stored data” means data or records that are stored on an
electronic device that contains:
a. information revealing the identity of users of the
applicable service, device or program,
b. information about a user ’s use of the applicable
service, device or p rogram,
c. information that identifies the recipient or
destination of a wire communication or electronic
communication sent to or by the user,
d. the content of a wire communication or electronic
communication sent to or by the user, or
e. any data, documents, files or communications stored by
or on behalf of the user with the applicable service
provider or on the user ’s electronic device; and
9. “Transmitted data” means data or records that are in the
possession, care, custody or control of a provider of a location
information service, an electronic communications service or a
remote computing service, which contains:
a. information revealing the identity of users of the
applicable service, device or program,
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b. information about a user’s use of the applicable
service, device or program,
c. information that identifies the recipient or
destination of a wire communication or electronic
communication sent to or by the user,
d. the content of a wire communication or electr onic
communication sent to or by the u ser, or
e. any data, documents, files or communicati ons stored by
or on behalf of the user with the applicable service
provider or on the user ’s electronic device.
B. Except as provided in subsection C of this section, a
government entity may not obtain t he metadata, stored data or
transmitted data of an e lectronic device without a court order or
search warrant issued by a court upon probable cause. A government
entity may not use, copy or disclose for any purpose location
information, metadata, stored data or transmitted data of an
electronic device that is not the subject of the court order or
warrant that is collected as part of an effort to obtain the
location information, metadata, stored data or transmitted data of
the electronic device that is the s ubject of the court order or
warrant. Such data sha ll be destroyed in an unrecoverable manner by
the government entity no later than twenty -four (24) hours after the
data is collected.
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C. 1. A government entity shal l not obtain the location
information, metadata, stored data or transmitted data of an
electronic device without a court order or search warrant issued by
a duly authorized court, unless :
a. the device is reported stolen by the owner,
b. in response to the user’s call for emergency services,
c. the entity has the informed and affirmative consen t of
the owner or user of the electronic device, or
d. there exists a possible life -threatening situation.
2. Any evidence obtained in violation of paragraph 1 of th is
subsection shall not be admissible in any civil, criminal or
administrative proceeding and shall not be used in an affidavit of
probable cause in an effort to obtain a search warrant.
D. Notice shall be given to the user whose location
information, metadata, stored data, transmitted data o r electronic
device was searched or obtained by a go vernment entity.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1108 TEK 12/14/2022 11:58:10 AM