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Can I sell personal information without obtaining consent in Oklahoma? What are the requirements?

Based on the documents provided, in Oklahoma, a licensee cannot sell nonpublic personal information without obtaining consent from the consumer or customer whose information is sought to be disclosed [1.2]. However, there are exceptions to this requirement, such as when the disclosure is made to protect the confidentiality or security of a licensee’s records pertaining to the consumer, service, product or transaction; to protect against or prevent actual or potential fraud or unauthorized transactions; for required institutional risk control or for resolving consumer disputes or inquiries; to persons holding a legal or beneficial interest relating to the consumer; or to persons acting in a fiduciary or representative capacity on behalf of the consumer [1.1]. Additionally, a licensee may disclose nonpublic personal health information without authorization for certain insurance functions, such as claims administration, underwriting, and policy placement or issuance, among others [1.2].

Therefore, in general, a licensee must obtain authorization from the consumer or customer before selling nonpublic personal information in Oklahoma. However, there are exceptions to this requirement, and certain types of nonpublic personal information, such as nonpublic personal health information, may be disclosed without authorization for certain purposes.

It is important to note that the authorization must be in written or electronic form and contain specific information, such as the identity of the consumer or customer, a general description of the types of nonpublic personal health information to be disclosed, and the length of time for which the authorization is valid [1.4].

In addition, the Oklahoma Business Opportunity Sales Act applies to persons who sell or offer to sell when an offer to sell is made in Oklahoma, an offer to purchase is made and accepted in Oklahoma, or the purchaser is domiciled in Oklahoma and the business opportunity is or will be operated in Oklahoma [2.1].

Furthermore, any law enforcement agency or public safety entity conducting a criminal investigation shall be prohibited from disclosing information about the investigation unless the disclosure is necessary to gather information and evidence related to the investigation [3.1].

Finally, the opt-out requirements in Sections 365:35-1-13 and 365:35-1-20 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with Section 365:35-1-10 and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.3].

In summary, a licensee cannot sell nonpublic personal information without obtaining consent from the consumer or customer in Oklahoma, except in certain circumstances. The authorization for disclosure must be in writing or electronic form and contain specific information. The Oklahoma Business Opportunity Sales Act applies to persons who sell or offer to sell in Oklahoma. Law enforcement agencies and public safety entities conducting a criminal investigation are prohibited from disclosing information about the investigation unless necessary. The opt-out requirements do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf.

[1.1]: OKAC 365:35-1-32 [2.1]: 71 OKST 818 [1.2]: OKAC 365:35-1-40 [3.1]: 21 OKST 465 [1.3]: OKAC 365:35-1-30 [1.4]: OKAC 365:35-1-41

Source(s):
Jurisdiction

Oklahoma