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.