January 24, 2022

Volume XII, Number 24

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January 21, 2022

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Will Oklahoma Be the Next State to Enact a Comprehensive Privacy Bill?

A new privacy bill is gaining steam in the Oklahoma legislature.

On March 4, the Oklahoma Computer Data Privacy Act (HB 1602) passed the state House of Representatives by a vote of 85-11.  If enacted in its current form, the bill would take effect on January 1, 2023, at the same as the California Privacy Rights Act and the Virginia Consumer Data Protection Act.

The bill tracks the California Consumer Privacy Act (CCPA) in many respects. It imposes obligations on “businesses” that meet certain thresholds and applies to data of “consumers” defined to mean residents of the State of Oklahoma.  However, the revenue threshold triggering application of the law would be annual gross revenues excess of  $10 million for Oklahoma businesses, as compared to $25 million under the CCPA.  Like the CCPA, the Oklahoma bill provides consumers with various privacy rights, including the rights of data access and deletion.The bill prohibits discrimination but allows for financial incentives subject to certain limitations. In addition, it requires reasonable security and notice at collection.  The Oklahoma bill contains a major deviation from the CCPA, however, insofar as it would require any Oklahoma business covered to obtain the consumer’s opt-in consent before collecting, using or selling their personal information (a broadly defined term).  The bill defines consent as

an act that clearly and conspicuously communicates the individual’s authorization of an act or practice that is made in the absence of any mechanism in the user interface that has the purpose or substantial effect of obscuring, subverting or impairing decision-making or choice to obtain consent.

HB 1602 provided for a general private right of action when it was introduced. However, the bill was amended on March 3rd to include several changes and removed the private right of action provision.

 Under the current version, administrative enforcement powers would be vested exclusively in the Oklahoma Attorney General, with fines of up to $7,500 per intentional violation and $2,500 for non-intentional violations.

The bill is now pending before the Senate. The Oklahoma legislature is set to adjourn on May 28th.  We will keep a close eye on developments and keep you informed.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 89
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About this Author

Lydia de la Torre Data Privacy & Cybersecurity Attorney Squire Patton Boggs Palo Alto, CA
Of Counsel

Lydia de la Torre provides strategic privacy compliance advice related to US and EU privacy, including data protection and cybersecurity law, General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), other state’s privacy and cyber laws, US financial privacy laws, and marketing and advertising compliance, as well as information security. She also represents clients in investigations with an eye toward helping them avoid litigation.

Lydia’s work in-house and with organizations has run the gamut, from pre-IPO start-ups to mature Fortune 500 companies, in a...

650-843-3227
Ann J. LaFrance Data Privacy & Cybersecurity Attorney Squire Patton Boggs New York, NY & Washington DC
Partner

Ann LaFrance co-chairs the firm’s global Data Privacy & Cybersecurity Practice and is a senior member of the international Communications Practice.

In addition to advising clients on national and cross-border data privacy and cybersecurity matters, Ann has experience counselling clients on a broad range of legal and regulatory issues affecting the provision of internet and digital services, as well as advanced technologies. She has particular expertise advising on issues of concern to technology, media and telecommunications companies and she frequently serves as an adviser to...

212-872-9830
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