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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2794 By: Stinson of the House
and
Pugh of the Senate
COMMITTEE SUBSTITUTE
An Act relating to members of the State Judiciary;
creating the Oklahoma Judicial Security and Privacy
Act of 2023; providing definitions; establishing
notice system for at-risk individuals and th eir
immediate family to ensure complian ce; prohibiting
state agencies from publicly posting or displaying
certain information; cla rifying exceptions;
authorizing the Administrative Director of the Courts
to make notice on behalf of at-risk individuals;
providing what is proper notice; permitting
delegation of authority; providing alternative to
individual notice; directing the Admini strative
Director of the Courts to submit report; prohibiting
certain acts by data brokers; providing exceptions;
prohibiting persons, businesses, and associations
from certain activities; providing exc eptions;
establishing time within the removal of certain
information must be made; prohibiting transfer of
information; providing exceptions; creating a right
of action for certain individuals; providing penalty
for violations; clarify reach of act; providing for
severability; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3011 of Title 20, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Judicial Security and Privacy Act of 2023 ".
SECTION 2. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Sectio n 3012 of Title 20, unless there
is created a duplication in numb ering, reads as follows:
As used in this act:
1. The term "at-risk individual" means any active or retired
member of the State Judiciary, and shall also include municipal,
county, and federal judges;
2. The term "commercial entity" means any corporation,
partnership, limited partnership, proprietorship, sole
proprietorship, firm, enterprise, franchise, or association engaged
in the buying or selling of goods or services for profit.
3. The term "covered information" means:
a. a home address, including primary residence or
secondary residences of an at-risk individual,
b. a home or personal mobile telephone number, or the
direct telephone number of a government-issued cell
phone or private exten sion in the chambers of an at-
risk individual,
c. a personal email address of an at-risk individual,
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d. the Social Security number, driver license number, or
home address displayed on voter registration
information of an at-risk individual,
e. bank account or credit or debit card information of an
at-risk individual,
f. the home or other address displayed on property tax
records or held by a federal, state, or local
government agency of an at-risk individual, including
any secondary residence and any investment pro perty at
which an at-risk individual resides for part of a
year,
g. a license plate number or home address displayed on
vehicle registration information of an at-risk
individual,
h. the identification of children under the age of
eighteen (18) of an at-risk individual or any child
under the age of twenty-six (26) whose permanent
residence is the home of the at -risk individual,
i. the full date of birth ,
j. a photograph of any vehicle that legi bly displays the
license plate or a photo graph of a residence tha t
legibly displays the address of the residence of an
at-risk individual,
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k. the name and address of a school or da y care facility
attended by immediate family of an at-risk individual,
l. the name and address of an employer of immediate
family of an at-risk individual, or
m. the name and address of a place of worship the at -risk
individual or immediate family of an at -risk
individual attends;
4. The term "data broker" means a commercial enti ty engaged in
collecting, assembling, or maintaining personal information
concerning an individual who is not a customer, client, or an
employee of that entity in order to sell the information or
otherwise profit from providing third-party access to the
information. The term data broker does not include a commercial
entity engaged in the following activities:
a. providing 4-1-1 directory assistance or directory
information services, including name, address, and
telephone number, on behalf of or as a function of a
telecommunications carrier,
b. using personal information internally, providing
access to businesses under common ownership or
affiliated by corporate control, or selling or
providing data for a transaction or service requ ested
by or concerning the individual whose personal
information is being transferred ,
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c. providing publicly available information via real-time
or near-real-time alert services for health or safety
purposes,
d. a consumer reporting agency subject to the federal
Fair Credit Reporting Act under 15 U.S.C. Section 1681
et seq.,
e. a financial institution subject to the federal Gramm-
Leach-Bliley Act under Public Law No. 106 -102 and
regulations implementing that act,
f. a covered entity for purposes of the priv acy
regulations promulgated under Section 264(c) of the
federal Health Insurance Portability and
Accountability Act of 1996 under 42 U .S.C. Section
1320d-2, and
g. the collection and sale or licensing of covered
information incidental to conducting the activities
described in subparagraphs a through f of this
paragraph;
5. The term "immediate family" means a spouse, child, or parent
of an at-risk individual or any other f amilial relative of an at -
risk individual whose permanen t residence is the same as the at-risk
individual;
6. The term "social media" means any online electronic medium
or a live chat system that:
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a. primarily serves as a medium for users to interact
with content generated by other third-party users of
the medium,
b. enables users to create accounts or profiles specific
to the medium or to import profiles from another
medium, and
c. enables one or more users to generate content that can
be viewed by other t hird-party users of the medium;
7. The term "state agency" means:
a. an executive agency, as defined by Oklahoma Statute,
and
b. any county, local or municipal governing body, or
regulatory body, and
c. any state agency in the judicial branch or legislative
branch; and
8. The term "transfer" means to sell, license, trade, or
exchange for consideration the covered information of an at-risk
individual or immediate family.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3013 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. Each at-risk individual may:
1. File written notice of the status of the individual as an
at-risk individual, for themselves and immed iate family, with each
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state agency that includes information necessary to ensure
compliance with this section, as determined by the Administrative
Director of the Courts; and
2. Request that each state agency described in Section 2 of
this act mark as private their covered information and that of their
immediate family.
B. State agencies shall not publicly post or publicly display
content that includes covered infor mation of an at-risk individual
or immediate family. State agencies, upon receipt of a wr itten
request under paragraph 1 of subsection A of this section, shall
remove the covered information of the at-risk individual or
immediate family from publicly available content not later than
seventy-two (72) hours after such recei pt.
C. Nothing in this section shall prohibit a state agency from
providing access to records containing the covered information of a
member of the judiciary to a third party if the third party:
1. Possesses a signed release from the judge or a lawful court
order;
2. Is subject to the requirement s of Title V of the federal
Gramm-Leach-Bliley Act 15 U.S.C. Section 6801 et seq.; or
3. Executes a confidentiality agreement with the state agency.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3014 of Title 20, unless there
is created a duplication in numbe ring, reads as follows:
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Upon written request of an at-risk individual, the
Administrative Director of the Courts is authorized to make any
notice or request requ ired or authorized by this act on behalf of
the at-risk individual. The notice or request shal l include
information necessary to ensure compliance with this act. The
Director may delegate this authority to an appropriate state agenc y.
Any notice or request made under this act shall be deemed to have
been made by the at-risk individual and comply with the notice and
request requirements of this act.
In lieu of individual notices or requests, the Administrative
Director of the Courts, may provide state agencies, county and
municipal governments, data brokers, persons, businesses, or
associations with a list of at-risk individuals and their immediate
family that includes information necessary to ensure compliance with
this act, as determined by the Administrative Director of Courts for
the purpose of maintaining compliance with this act. Such list
shall be deemed to comply with individual notice and request
requirements of this act.
SECTION 5. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 3015 of Title 20, unless there
is created a duplication in numbering, reads as follows:
Not later than one (1) year after the date of enactment of this
act, and biennially thereafter, the Administrative Director of the
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Courts shall submit to the Legislature an annual report that
includes:
1. A detailed amount spent by the state and local governments
on protecting judges ' covered information;
2. Where the judges' covered information was found; and
3. The collection of any new types of personal data found to be
used to identify judges who have received threats, including prior
home addresses, employers, and institutional affiliati ons such as
nonprofit boards.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3016 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. It shall be unlawful for a data broker to knowingly sell,
license, trade for consideration, or purchase cover ed information of
an at-risk individual or immediate family .
B. Except as provided in subsection C of this section, no
person, business, or association shall publicly post or publicly
display on the Internet covered information of an at-risk individual
or immediate family if the at-risk individual has made a written
request to that person, business , or association to not disclose the
covered information of the at-risk individual or immediate family.
C. Subsection B of this section shall not apply to:
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1. Covered information that the at -risk individual or immediate
family voluntarily publishes on the Internet after the date of
enactment of this act; or
2. Covered information lawfully received from a state
government source or from an employee or agent of the state
government.
D. After receiving a written request under this section, the
person, business, or association shall remove within seventy-two
(72) hours the covered information from the Internet and ensure that
the information is not made available on any website or a subsidiary
website controlled by that person, business, or association; an d
ensure that the covered information of the at-risk individual or
immediate family is not made available on any website or a
subsidiary website controlled by that person, business, or
association.
E. After receiving a written request under this section , the
person, business, or association shall not transfer the covere d
information of the at-risk individual or immediate family to any
other person, business, or association through any medium . This
subsection shall not apply to :
1. Covered information t hat the at-risk individual or immediate
family voluntarily publishes on the Internet after the date of
enactment of this act; or
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2. A transfer made at the request of the at-risk individual or
that is necessary to effe ctuate a request to the person, busines s,
or association from the at-risk individual.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3017 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. An at-risk individual or their immediate family whose
covered information is made public as a result of a violation of
this act may bring an action seeking injunctive or declaratory
relief in any court of competent juris diction. If the court grants
injunctive or declaratory relief, the person, business, or
association responsible for the violation shall be required to pay
the costs and reasonable attorney fees of the at-risk individual or
immediate family, as applicable .
B. If a person, business, or associ ation knowingly viol ates an
order granting injunctive or declaratory relief under subsection A
of this section, the court issuing such order ma y:
1. If the person, business, or association i s a government
agency:
a. impose a fine not greater than Four Thousand Dollars
($4,000.00), and
b. award to the at-risk individual or their immediate
family, as applicable, court costs and reasonable
attorney fees; and
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2. If the person, business, or association is not a government
agency, award to the at -risk individual or their immediate family,
as applicable:
a. an amount equal to the actua l damages sustained by the
at-risk individual or their immediate family; and
b. court costs and reasonable attorney fees.
SECTION 8. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 3018 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. Nothing in this act shall be construed:
1. To prohibit, restrain, or limit the lawful investigation or
reporting by the press o f any unlawful activity or misconduct
alleged to have been committed by an at-risk individual or their
immediate family;
2. To impair access to decisions and opinions from a member of
the State Judiciary in the course of carrying out their public
functions;
3. To limit the publication or transfer of covered information
that the at-risk individual or their immediate family member
voluntarily publishes on the Internet after the date of enactment of
this act; or
4. To prohibit information sharing by a data broker to a
federal, state, tribal, or local government , or any unit thereof.
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B. This act shall be broadly construed to fa vor the protection
of the covered information of at-risk individuals and their
immediate family.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3019 of Title 20, unless there
is created a duplication in numbering, reads as follows:
If any provision of this act, an amendment made by this act, or
the application of such p rovision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
act and the amendments made by this act and the application of t he
remaining provisions of this act and amendments to any person or
circumstance shall not be affected.
SECTION 10. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
03/01/2023 - DO PASS, As Amended and Coauthored.