As used in the Security Breach Notification Act: 1. “Breach of the security of a system” means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal information regarding multiple individuals and that causes, or the individual or entity reasonably believes has caused or will cause, identity theft or other fraud to any resident of this state. Good faith acquisition of personal information by an employee or agent of an individual or entity for the purposes of the individual or the entity is not a breach of the security of the system, provided that the personal information is not used for a purpose other than a lawful purpose of the individual or entity or subject to unauthorized disclosure; 2. “Entity” includes corporations, business trusts, estates, partnerships, limited partnerships, limited liability partnerships, limited liability companies, associations, organizations, joint ventures, governments, governmental subdivisions, agencies, or instrumentalities, or any other legal entity, whether for profit or not-for-profit; 3. “Encrypted” means transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key, or securing the information by another method that renders the data elements unreadable or unusable; 4. “Financial institution” means any institution the business of which is engaging in financial activities as defined by 15 U.S.C., Section 6809; 5. “Individual” means a natural person; 6. “Personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements that relate to the individual if any of the data elements are not encrypted, redacted, or otherwise altered by any method or technology in such a manner that the name or data elements are unreadable or are encrypted, redacted, or otherwise altered by any method or technology but the keys to unencrypt, unredact, or otherwise read the data elements have been obtained through the breach of security: a. social security number, b. driver license number or other unique identification number created or collected by a government entity, c. financial account number, or credit card or debit card number, in combination with any required expiration date, security code, access code, or password that would permit access to an individual’s financial account, d. unique electronic identifier or routing code in combination with any required security code, access code, or password that would permit access to an individual’s financial account, or e. unique biometric data such as a fingerprint, retina or iris image, or other unique physical or digital representation of biometric data to authenticate a specific individual. The term does not include information that is lawfully obtained from publicly available sources, or from federal, state or local government records lawfully made available to the general public; 7. “Notice” means: a. written notice to the postal address in the records of the individual or entity, b. telephone notice, c. electronic notice, or d. substitute notice, if the individual or the entity required to provide notice demonstrates that the cost of providing notice will exceed Fifty Thousand Dollars ($50,000.00), or that the affected class of residents to be notified exceeds one hundred thousand (100,000) persons, or that the individual or the entity does not have sufficient contact information or consent to provide notice as described in subparagraph a, b, or c of this paragraph. Substitute notice consists of any two of the following: (1) email notice if the individual or the entity has email addresses for the members of the affected class of residents, (2) conspicuous posting of the notice on the Internet website of the individual or the entity if the individual or the entity maintains a public Internet website, or (3) notice to major statewide media; 8. “Reasonable safeguards” means policies and practices that ensure personal information is secure, taking into consideration an entity’s size and the type and amount of personal information. The term includes, but is not limited to, conducting risk assessments, implementing technical and physical layered defenses, employee training on handling personal information, and establishing an incident response plan; and 9. “Redact” means alteration or truncation of data such that no more than the following are accessible as part of the personal information: a. five digits of a social security number, or b. the last four digits of a driver license number, unique identification number created or collected by a government entity, or account number.
‹ Prev All Oklahoma sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.