Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB2657 Introduced / Bill

Filed 01/19/2023

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
HOUSE BILL 2657 	By: Steagall 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to information privacy; enacting the 
Oklahoma Privacy Act of 2023; declarin g public 
policy; defining terms; clarifying scope of act; 
prohibiting supporting agencies from disclosing or 
communicating certain confidential information; 
declaring a penalty; mandating that supporting 
agencies keep an accounting of th ird-party access to 
certain information; directing supporting agencies to 
establish rules related to records; directing 
supporting agencies to instruct employees and 
contractors; directing supporting agencies to 
establish safeguards; directing The Office of 
Management and Enterprise Services to provide report ; 
directing the Director of the Office of Management 
and Enterprise Services to provide certification to 
the Oklahoma Attorney General; creating civil 
remedies; clarifying standing; clarifying fees and 
court costs; creating criminal penalties; amending 21 
O.S. 2021, Sections 1952 and 1953, which relate to 
the Oklahoma Computer Crimes Act; adding terms; 
adding unlawful acts; providing for codification; 
providing an effective date; and declaring an 
emergency. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 400 of Title 51, unless there is 
created a duplication in numbering, reads as follows:   
 
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A.  This section and Sections 2 through 10 of this act shall be 
known and may be cited as the "Oklahoma Privacy Act of 2023". 
B.  All statutes hereinafter enacted and codified as p art of the 
Oklahoma Privacy Act of 2023 shall be considered and deemed part of 
the Oklahoma Privacy Act of 2023 . 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 401 of Title 51, unless there is 
created a duplication i n numbering, reads as f ollows: 
It is the public policy of the State o f Oklahoma to protect and 
limit the use of personally identifiable information of its public 
employees when such personally identifiable informat ion is held by 
or accessible to other supporting state agencies. 
SECTION 3.     NEW LAW     A new section of la w to be codified 
in the Oklahoma Statutes as Section 402 of Title 51, unless there is 
created a duplication in numbering, reads as follows: 
The following terms contained in the Oklahoma Privacy Act of 
2023 shall be defined as follows : 
1.  "Agency" means any constitutionally or statutorily created 
entity within the executive branch such as an authority, board, 
bureau, commission, committee, department, executive branch 
instrumentality, interstate commission, office, public body, or 
public trust designated to act on behalf of the state or through 
which the state is a beneficiary ;   
 
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2.  "Appointing authority " shall be defined in accordance with 
Section 840-1.3 of Title 74 of the Oklahoma Statutes; 
3.  "Chief administrative officer " shall be defined in 
accordance with Section 102 of Title 61 of the Oklahoma Statutes; 
4.  "Communication" means a process by which information is 
exchanged, transmitted, broadcast, conveyed, shared, or otherwise 
disclosed verbally or in written form either in person or through 
other physical or digital means; 
5.  "Disclose" means to make known; to publish; to open or 
expose to view; to actively or passively allow access to or viewing 
by another person; 
6.  "Maintain" means and includes accumulate, collect, 
disseminate, distribute, gather, ho ld, manage, store, or use; and 
7.  "Record" means any item, collection, or grouping of 
information about a person that is maintained either physically or 
digitally by an agency, including, but not limited to, a person's 
education, financial transactions, medical history, and criminal or 
employment history, personnel records, and that contains a person's 
name, or identifying number, symbol, or other identifying particu lar 
assigned to the person, such as a finger print, voice print, 
physical or digital image or any other type of individual digital or 
biometric identifier s.   
 
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SECTION 4.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 403 of Title 51, unless there is 
created a duplication in numberi ng, reads as follows: 
This act shall apply to all agencies, as defined in paragraph 1 
of Section 3 of this act.  This act shall not apply to judges, 
justices, the Council on Judicial Complaints or the Legislature.  
The Legislative and Judicial Branches shall guard and protect the 
personally identifiable information of their constituents and public 
employees in accordance with rules adopted pursuant to the authority 
granted to them respectively by the Oklahoma Constitution. 
SECTION 5.     NEW LAW    A new section of law to b e codified 
in the Oklahoma Statutes as Section 404 of Title 51, unless there is 
created a duplication in numbering, reads as follows: 
A.  Any supporting agency, including the Office of Management 
and Enterprise Services, or a supporting contracting entity , which 
maintains, holds or possesses access to records of another agency 
supported by the supporting agency shall not disclose or communicate 
to any other person any record belonging to, created by or 
pertaining to the supported agency when the record is one that may 
be treated as confidential by the supported agency pursuant to 
Section 24A.7 of Title 51 of the Oklahoma Statutes unless written 
consent of the appointing authority or chief administrative officer 
of the supported agency to which the record belongs or to which the 
record pertains or was created is obtained prior to disclosure.   
 
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B.  Any person employed by or retained as a contract employee by 
a supporting agency who discloses or communicates any records 
belonging to or pertaining to or created by a supported agency when 
such a record is one that may be treated as confidential by the 
supported agency pursuant to Section 24A.7 of Title 51 of the 
Oklahoma Statutes shall be subject to civil liability and the 
criminal penalties as provided for in Sections 8 and 10 of this act. 
C.  No person appointed pursuant to Section 10.3 of Title 74 of 
the Oklahoma Statutes, nor any other employee or appointee of the 
Office of Governor shall serve as or be considered an appointing 
authority, chief administrative offi cer, officer or employee of any 
agency whereby a board or commission exercises administrative or 
governing authority over the agency pursuant to state statute or the 
Oklahoma Constitution . 
SECTION 6.     NEW LAW     A new section of law t o be codified 
in the Oklahoma Statutes as Section 405 of Title 51, unless there is 
created a duplication in numbering, reads as follows: 
Accounting of third-party access.  Any supporting agency, 
including the Office of Management and Enterprise Services , or a 
supporting contractin g entity, which has capability or capacity to 
access computers, digital or electronic files, servers, cloud 
storage, digital and physical records of any kind, state-issued 
phones or other electronic devi ces assigned to, under the control of 
or belonging to a supported agency shall maintain:   
 
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1.  An access log of all routine instances where access is 
voluntarily granted by the assigned user to a public employee 
employed by a supporting agency or to an employee of a supporting 
contracting entity: 
a. the access log shall include the date, time, and name 
of the public employee or employee of a contracting 
entity who initiated or executed the access, and 
b. the access log required in this paragraph shall be 
maintained for no less than two (2) years and shall be 
subject to public inspection upon request; 
2.  An access log of all instances of where access was achieved 
by a public employee empl oyed by a supporting agency or by an 
employee of a supporting contracting entity but without the 
knowledge and consent of a user in a supported agency: 
a. the access log shall include the date, time, and name 
of the public employee or e mployee of a contrac ting 
entity who initiated or executed the access , 
b. the access log required in this paragraph shall be 
maintained for no less than five (5) years and shall 
be subject to public inspection upon request , and 
c. violations of this subparagraph shall be subje ct to 
the same civil liability and criminal penalties 
provided for in Sections 8 and 10 of this act.   
 
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SECTION 7.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 406 of Title 51, unless there is 
created a duplication in numbering, reads as follows: 
A.  Any supporting agency, including the Office of Management 
and Enterprise Services , or a supporting contracting entity, which 
maintains, holds or possesses access to records of another agency 
supported by the supporting agency shall: 
1.  Establish rules of conduct for employees or contractors 
involved in the design, development, operation, or maintenance of 
any system of records, or in maintainin g any record, or in allowing 
access to any record belonging to or pertaining to another agency 
when the record is one that may be trea ted as confidential by the 
other agency pursuant to Section 24A.7 of Title 51 of the Oklahoma 
Statutes; 
2.  Instruct each such employee or contractor with respect to 
such rules and the requirements of this act, including the penalties 
for noncompliance; and 
3.  Establish appropriate administrative, technical, digital, 
and physical safeguards to ensure the security and confidentiality 
of such records and to protect a gainst any anticipated threats or 
hazards to their security or integrity which could result i n their 
unlawful disclosure or communication. 
B.  The Office of Management and Enterprise Services shall 
provide a report to the Governor, the Attorney General, th e Speaker   
 
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of the Oklahoma House and President Pro Tempore of the Oklahoma 
State Senate within thirty (30) days after the effective date of 
this act verifying the agency 's compliance with this act and 
describing in detail the steps which have been taken to ensure 
continuing and on-going compliance with the requirements of this 
act. 
C.  The Director of the Office of Management and Enterprise 
Services shall: 
1.  Within ten (10) days of the ef fective date of this act, 
certify to the Attorney General that all records belonging to, 
created by or pertaining to all other supported agencies where the 
records which are maintained, held or where the supporting agency 
possesses access to records are those that may be treated as 
confidential by the supported agency pursuant to Section 24A.7 of 
Title 51 of the Oklahoma Statutes: 
a. have been retrieved from any previous recipient or 
continuing access is now denied to any previous 
recipient who, under this act and Section 24A.7 of 
Title 51 of the Oklahoma Statutes , is not entitled to 
have or to retain access to the record or records in 
question, 
b. who the persons are who previously received records or 
access to records belonging to, created by or 
pertaining to a supported agency that falls under   
 
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Section 24A.7 of Title 51 of the Oklahoma Statutes 
where prior written consent of the appointing 
authority or chief administrative officer of the 
supported agency would be required under this act, and 
c. which specific officers, public employees and contract 
employees of the Office of Management and Enterpris e 
Services, who have previously provided or have allowed 
access to records protected under Section 24A.7 of 
Title 51 of the Oklahoma Statutes where prior written 
consent of the appointing authority or chief 
administrative officer of the supported agency would 
be required under this act; 
2.  The certification required pursuant to this subsection shall 
be submitted to the Attorney General under penalty of perjury . 
SECTION 8.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 407 of Title 51, unless there is 
created a duplication in numbering, reads as follows: 
A.  Civil remedies. 
1.  In any action pursuant to this act, the court may award any 
or all of the following types of relief by requiring the State of 
Oklahoma to: 
a. comply with the provisions of the Oklahoma Privacy Act 
of 2023,   
 
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b. compensate the complainant for damages suffered as a 
result of disclosure prohibited by the Oklahoma 
Privacy Act of 2023, 
c. pay the complainant an amount equal to the amo unt 
provided in subparagraph b of this paragraph as 
liquidated damages, if the court determines that the 
agency willfully failed to comply with the provisions 
of the Oklahoma Privacy Act of 2023, 
d. pay actual and compensatory damages, and 
e. pay punitive damages. Punitive damages awarded 
pursuant to this subparagraph shal l be determined in 
accordance with applicable state law ; 
B.  Equity powers.  The court shall use, if it deems 
appropriate, its full equity powers, including temporary or 
permanent injunctions, temporary restraining orders, and contempt 
orders, to vindicate fully the rights of persons under the Oklahoma 
Privacy Act of 2023. 
SECTION 9.     NEW LAW     A new section of l aw to be codified 
in the Oklahoma Statutes as Section 408 of Title 51, unless there is 
created a duplication in numbering, r eads as follows: 
A.  Standing.  An action pursuant to the Oklahoma Privacy Act of 
2023 may be initiated only by a person claiming privacy and 
confidentiality rights as provided under this act. 
B.  Fees and court costs.   
 
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1.  No fees or court costs shall be c harged against or imposed 
upon any person claiming rights under the Oklahoma Privacy Act of 
2023. 
2.  In any action or proceeding to e nforce a provision of the 
Oklahoma Privacy Act of 2023 , the court may award a prevailing 
complainant's reasonable attorney fees, expert witness fees, and 
other litigation expenses . 
3.  An action to enforce any liability created under this act 
may be brought in the district court of the county in which the 
complainant resides, or has his or her principal place of business, 
or in which the agency records are situated or stored, either 
physically or digitally , without regard to the amount in 
controversy, within two (2) years from the date on which the cause 
of action arises, except that where a supporting agency has 
materially and willfully disclosed information required under this 
act to remain confidential and under this act is material to 
establishment of the l iability of the supporting agency to the 
individual under this act, the action may be brought at any time 
within two (2) years after discovery of the disclosure by the 
individual. 
SECTION 10.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 411 of Title 51, unless there is 
created a duplication in numbering, reads as follows: 
A.  Criminal penalties.   
 
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1.  Any officer, employee of a supporting agency, including 
employees or contract personnel of the Office of Management and 
Enterprise Services, any person appointed pursuant to Section 10.3 
of Title 74 of the Oklahoma Stat utes, or any other employee or 
appointee of the Office of Governor , who by virtue of his or her 
employment or official position, has gained possession of, or access 
to agency records or parts thereof whereby such records, at the 
choice of the appointing authority or chief administrative officer 
of an agency, may be treated as confidential pursuant to Section 
24A.7 of Title 51 of the Oklahoma Statutes, and the employee, 
contract employee or appointee without prior written consent of the 
appointing authority or chief administrative offi cer of the agency 
to which the record belongs, was created by or to which the record 
pertains, willfully discloses or communicates the record or parts 
thereof in any manner to any person or agency not entitled by law to 
receive it, shall be guilty of a mis demeanor and fined not more than 
Five Thousand Dollars ($5,000.00) for each instance where there are 
less than five (5) individual instances of disclosure or 
communication. 
2.  Any officer, employee of a supporting agency, including 
employees or contract p ersonnel of the Office of Management and 
Enterprise Services, any person appointed pursuant to Sectio n 10.3 
of Title 74 of the Oklahoma Statutes, or any other employee or 
appointee of the Office of Governor, who by virtue of his or her   
 
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employment or offici al position, has gained possession of, or access 
to agency records or parts thereof whereby such records, at the 
choice of the appointing authority or chief administrative officer 
of an agency, may be treated as confidential pur suant to Section 
24A.7 of Title 51 of the Oklahoma S tatutes, and the employee, 
contract employee or appointee without prior written consent of the 
appointing authority or chief administrative officer of the agency 
to which the record belongs, was created b y or to which the record 
pertains, willfully discloses or communicates the record or parts 
thereof in any manner to any person or agency not entitled by law to 
receive it, shall be gui lty of a felony and fined not more than Ten 
Thousand Dollars ($10,000.00) in each instance where there are more 
than five (5) individual instances of disclosure or communication . 
3.  Any officer, employee of a supporting agency, including 
employees or contract personnel of the Office of Management and 
Enterprise Services, any person appointed pursuant to Section 10.3 
of Title 74 of the Oklahoma Statutes, or any other employee or 
appointee of the Office of Governor, who knowingly and willfully 
receives records which, at the choice of an agency, may be treated 
as confidential pursuant to Section 24A.7 of Title 51 of the 
Oklahoma Statutes and the employee, contract employee or appointee 
without prior written consent of the appointing authority or chief 
administrative officer of the agency to which the record belongs , 
was created by or to which the record pertains, willfully receives   
 
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the record or parts thereof in any manner, shall be guilty of a 
misdemeanor and fined not more than Five Thousand Dollars 
($5,000.00) for each instance where he or she receives prohibited 
records in five (5) individual instances or less. 
4.  Any officer, employee of a supporting agency, including 
employees or contract personnel of the Office of Management and 
Enterprise Services, any pe rson appointed pursuant to Section 10.3 
of Title 74 of the Oklahoma Statutes, or any other employe e or 
appointee of the Office of Governor, who knowingly and willfully 
receives records which, at the choice of another agency, may be 
treated as confidential pursuant to Section 24A.7 of Title 51 of the 
Oklahoma Statutes and the employee, contract employee or appointee 
without prior written consent of the appoin ting authority or chief 
administrative officer of the agency to which the record belongs, 
was created by or to which the record pertains, willfully receives 
the record or parts thereof in any manner, shall be guilty of a 
felony and fined not more than Ten Thousand Dollars ($10,000.00) for 
each instance where he or she receives prohibited records in more 
than five (5) individual instances. 
B.  Government contractors.  Any contracting entity engaged by 
an agency, including the Office of Management and Enterprise 
Services, which maintains records on behalf of another agency shall 
not disclose or communicate to any other person any record belonging 
to, created by or pertaining to the another agency when the record   
 
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is one that may be treated as confidential by the other agen cy 
pursuant to Section 24A.7 of Title 51 of the Oklahoma Statutes 
unless written consent of the appointing authority or chief 
administrative officer of the other agency to which the record 
belongs, was created by or to which the record pertains is obtained 
prior to the disclosure. Upon violation of the requirements of this 
act, contracting entities and their employees shall be subject to 
civil liability and the criminal penalties as provided for in this 
section of this act in the same manner as state agencies and their 
employees. 
SECTION 11.     AMENDATORY     21 O.S. 2021, Section 1952, is 
amended to read as follows: 
As used in the Oklahoma Com puter Crimes Act: 
1.  "Access" means to approach, gain entry to, instruct, 
communicate with, store data in, retrieve data from or otherwise use 
the logical, arithmetical, memory or other resources of a computer, 
computer system or computer network; 
2.  "Agency" shall be construed in the Oklahoma Computer Crimes 
Act in accordance with Section 2 of the Oklahoma Privacy Act of 
2023; 
3. "Appointing authority" shall be construed in the Oklahoma 
Computer Crimes Act in accordance with Section 840-1.3 of Title 74 
of the Oklahoma Statutes;   
 
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4. The term "chief administrative officer " shall be construed 
in the Oklahoma Computer Crimes Act in accordance with Section 102 
of Title 61 of the Oklahoma Statute s; 
2. 5. "Computer" means an electronic device which performs wo rk 
using programmed instruct ion having one or more of the capabilities 
of storage, logic, arithmetic or communication.  The term includes 
input, output, processing, stor age, software and comm unication 
facilities which are connected or related to a device i n a system or 
network; 
3. 6. "Computer network" means the wired or wireless physical 
or logical interconnection of one or more computers or computer 
systems to each other, or to other comput er networks, for the 
purpose of transmitting or receiving compute r programs, computer 
software or data; 
4. 7. "Computer program" means a set or series of instructions 
or statements and related data which when executed in actual or 
modified form directs or is intended to direct the functioning of a 
computer system in a manner designed to perform certain operations; 
5. 8.  "Computer software" means one or more computer programs, 
procedures and associated documentation used in the operat ion of a 
computer system; 
6. 9.  "Computer system" means a set of related, connected or 
unconnected, computer equipment, devices including support devices, 
one or more of which contain computer programs, electronic   
 
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instructions, input data, and output data , that performs functi ons 
including, but not limited to, logic, arithmetic, data storag e and 
retrieval, communication, and control and software.  The term does 
not include calculators which are not programmable and are not 
capable of being connected to or used to access other c omputers, 
computer networks, computer systems or support devices; 
7. 10.  "Data" means a representation of information, knowledge, 
facts, concepts, computer software, computer programs or 
instructions.  Data may be in any form, in sto rage media, or as 
stored in the memory of the computer or in transit or presented on a 
display device; 
8. 11.  "Malicious computer program " means any computer program 
that is created, executed, modified or distributed with the intent 
to disrupt, destroy, d eny access to, redirec t, defraud, deceive, 
exceed or gain unauthorized access to any co mputer, computer system , 
computer network or data.  Malicious computer program includes, but 
is not limited to, viruses, Trojan horses, spyware, worms, rootkits, 
backdoors, ransomware and oth er malicious computer instructions, 
whether part of or independen t of broader computer s oftware or 
computer systems; 
9. 12.  "Property" means any tangible or intangible item of 
value and includes, but is not limited to, financial inst ruments, 
geophysical data or the interpretation o f that data, information, 
computer software, computer programs, e lectronically produced data   
 
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and computer-produced or stored data, supporting documentation, 
computer software in either machine or human reada ble form, 
electronic impulses, confidential, copy righted or proprietary 
information, private identification codes or numbers which permit 
access to a computer by authorized computer users or generate 
billings to consumers for purchase of goods and services including, 
but not limited to, credit card trans actions and telecommunications 
services or permit electronic fund transfers and any other tangible 
or intangible item of value; 
10. 13.  "Services" includes, but is not limited to, computer 
time, data processing and storage funct ions and other uses of a 
computer, computer system or computer ne twork to perform useful 
work; 
11. 14.  "Supporting documentation " includes, but is not limited 
to, all documentation in any form used in the construction, design, 
classification, implementati on, use or modification of computer 
software, computer programs o r data; and 
12. 15.  "Victim expenditure" means any expenditure reasonably 
and necessarily incurred by the owner or lessee to verify that a 
computer system, computer net work, computer program or data was or 
was not altered, delete d, disrupted, damaged or d estroyed by the 
access. 
SECTION 12.    AMENDATORY     21 O.S. 2021, Section 1953, is 
amended to read as follows:   
 
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A.  It shall be unlawful to: 
1.  Willfully, and without auth orization, gain or attempt to 
gain access to and damage , modify, alter, delete, destroy, copy , 
make use of, use maliciou s computer programs on, disclose or take 
possession of a computer, computer system, computer network, data or 
any other property; 
2.  Use a computer, computer system, computer network or any 
other property as hereinbefore defined for the purpose of devisin g 
or executing a scheme or artifice with the intent to defraud, 
deceive, extort or for the purpose of controlling or obtaining 
money, property, data, services or other thing of value by means of 
a false or fraudulent pretense or representation; 
3.  Willfully exceed the limits of authorization and damage, 
modify, alter, destroy, copy, delete, disclose or take possessio n of 
a computer, computer system, computer network, data or any other 
property; 
4.  Willfully and without authoriza tion, gain or attempt to ga in 
access to a computer, computer system, computer network, data or any 
other property; 
5.  Willfully and without authorization use or c ause to be used 
computer services; 
6.  Willfully and without auth orization disrupt or cause t he 
disruption of computer s ervices or deny or cause the denial of 
access or other computer services to an authorize d user of a   
 
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computer, computer system or compute r network, other than an 
authorized entity acting for a legitimat e business purpose with the 
effective consent of the ow ner; 
7.  Willfully and without authorization provide or assist in 
providing a means of a ccessing a computer, compu ter system, data or 
computer network in violation of this section; 
8.  Willfully use a computer, computer system, o r computer 
network to annoy, abuse, threaten, or harass another person; 
9.  Willfully use a computer, computer syst em, or computer 
network to put another person in fear of physical harm or death; and 
10.  Willfully solicit anoth er, regardless of any financ ial 
consideration or exchan ge of property, of any acts described in 
paragraphs 1 through 9 and 11 through 13 of this subsection; 
11.  Willfully and without prior written authorization of the 
appointing authority or chief administrative officer of a supported 
agency, for employees or contract personnel of a supporting agency, 
including the Office of Management and Enterprise Systems, to gain 
or attempt to gain access to, transfer access to, allow other 
unauthorized persons to view or gain access to, view, remove, 
transfer, share, or alter electronically stored files or data 
belonging to, created by or pertaining to a supported agency, 
regardless of where virtually or physically the files or data are 
stored, in accordance with subse ction F of this section;   
 
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12.  Willfully use, endeavor t o use or procure any other person 
to use or endeavor to use any state-owned or leased or state-issued 
computer, electronic network, server, networked or cellular phone, 
or other electronic device to intercept or record any oral 
communication by persons, including state employees, who have not 
previously consented in writing to have their oral communications 
recorded; and 
13.  Willfully use, endeavor to use or procure any other person 
to use or endeavor to use any state-owned or leased or state-issued 
computer, software, electronic network, cloud storage, server, 
networked or cellular phone, or other electronic device to 
intercept, record or view any documents created, stored, 
communicated or distributed by a person on or through state-owned or 
leased or state-issued computers, telephones, software, electronic 
networks, cloud storage or servers , including electronic mail 
servers where the appointing authority or chief administrative 
officer of an agency has not previously consented i n writing to have 
such communications intercepted, recorded or viewed . 
B.  Any person convicted of violating paragraph 1, 2, 3, 6, 7, 
9, or 10, 11, 12 or 13 of subsection A of this section shall be 
guilty of a felony punishable as provided in Section 1955 of this 
title. 
C.  Any person convicted of violating paragraph 4, 5 or 8 of 
subsection A of this section shall be guilty of a misdemeanor .   
 
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D. Nothing in the Oklah oma Computer Crimes Act shall be 
construed to prohibit the monito ring of computer usage of, o r the 
denial of computer or Internet access to, a child by a parent, legal 
guardian, legal custodian, or foster parent.  As used in this 
subsection, "child" shall mean any person less than eighteen (18) 
years of age. 
E.  Nothing in the Oklahoma Computer Cr imes Act shall be 
construed to prohibit testing by an authorized entity, the purpose 
of which is to provide to the owner or operator of t he computer, 
computer system or computer network an evaluation of the security of 
the computer, computer system or comp uter network against real or 
imagined threats or harms.  For purposes of this subsection, an 
authorized entity shall not include the Offic e of Management and 
Enterprise Services without the knowledge of and prior written 
consent of the appointing authority or chief administrative o fficer 
of a supported agency. 
F.  No supporting agency such as the Office of Management and 
Enterprise Services nor any contracting entit y employed or engaged 
by a supporting agency such as the Office o f Management and 
Enterprise Services, shall be presumed to have authority to have or 
to gain or attempt to gain access to , transfer access to, allow 
other unauthorized p ersons to view or gain access to, view, remove, 
transfer, share, or alter electronically stored files or data 
belonging to, created by or pertaining to a supported agency,   
 
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regardless of where the files or dat a are stored, without the 
knowledge of and prior written consent of th e appointing authority 
or chief administrative officer of the supported agency. The 
appointing authority or chief administrative officer of a supported 
agency may agree to allow employees or contract personnel of a 
supporting agency, including the Office of Management and Enterprise 
Services, to request and obtain spec ific types of access to the 
supported agency's computers, network and cellular phones, and 
network files in the course of the supporting agency providing 
direct support to the supported agenc y. No supporting agency, 
including the Office of Management and Enterprise Services, shall 
require a supported agency to forego the protections afforded to a 
supported agency by the Oklahoma Computer Crimes Act as a condition 
for entering into a support a greement with the supporting agency. 
SECTION 13.  This act shall become effect ive July 1, 2023. 
SECTION 14.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof thi s act shall take effect an d 
be in full force from and after its passage and approval. 
 
59-1-6145 MJ 01/18/23