Req. No. 6145 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 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: Req. No. 6145 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 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 ; Req. No. 6145 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 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. Req. No. 6145 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 6145 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 6145 Page 6 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. 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. Req. No. 6145 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Req. No. 6145 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 6145 Page 11 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. 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. Req. No. 6145 Page 12 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. 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 Req. No. 6145 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 6145 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 6145 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 6145 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 6145 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 . Req. No. 6145 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Req. No. 6145 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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