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Oklahoma

Summary

Law: Please note this State does not have a general privacy law in effect, you can visit USA State Law Tracker to monitor the progress of US State bills.

Regulator: The Oklahoma Attorney General ('AG')

Summary: Although there is no comprehensive privacy law in Oklahoma, the Oklahoma Constitution contains a Right to Privacy clause.

Oklahoma legislation includes the Financial Privacy Act under §§ 2201 – 2208 of Title 6 of the Oklahoma Statutes which provides that financial institutions are prohibited from giving, releasing, or disclosing any financial records to a government authority without either the written consent of the customer or being served with a subpoena.

Other privacy-related legislation includes the Oklahoma Telemarketer Restriction Act which provides the State's ‘Do Not Call List,’ prohibiting telemarketers from contacting Oklahomans on the list.

In addition, there is a requirement to notify data breaches pursuant to the Security Breach Notification Act under §24-161 et seq. of Title 24 Chapter 8 of the Oklahoma Statutes.

You can follow legislative developments in the US through the USA State Law Tracker.

Insights

On 20 May 2022, the Oklahoma Governor signed into law House Bill ('HB') 3168 for the Oklahoma Telephone Solicitation Act ('the Act'). The Act sets out telephone solicitation restrictions by prohibiting, among others, certain telephonic sales calls without the prior express written consent of the called party, and prohibiting the ability of commercial telephone sellers or salespersons to use technology to conceal their real identity. The Act will enter into effect on 1 November 2022. In this article, OneTrust DataGuidance Research highlights some of its key provisions and considerations for affected businesses.