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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 Oklahoma does not currently have a general privacy act, Oklahoma has rules relating to privacy in its body of law, including within the Oklahoma Constitution and through the State's common law which permits individuals to bring a cause of action for invasion of privacy in addition to various pieces of legislation. Oklahoma legislation includes the Financial Privacy Act (§§ 2201 – 2208 of Title 6 of the O.S.), 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.

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.

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