Okla. Stat. tit. 27A, § 27A-1-4-115

Liability.

A. The privilege described by Section 5 of this act does not

apply to the extent the privilege is expressly waived by the owner

or operator who prepared the audit report or caused the report to be

prepared.

B. Disclosure of an audit report or any information generated

by an environmental or health and safety audit does not waive the

privilege established by Section 5 of this act if the disclosure:

1. Is made to address or correct a matter raised by the

environmental or health and safety audit and is made only to:

a. a person employed by the owner or operator, including

temporary and contract employees,

b. a legal representative of the owner or operator,

c. an officer or director of the regulated facility or

operation or a partner of the owner or operator,

d. an independent contractor retained by the owner or

operator,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 50

e. a person considering the acquisition of the regulated

facility or operation that is the subject of the

audit, or

f. an employee, temporary employee, contract employee,

legal representative, officer, director, partner or

independent contractor of a person described in

subparagraph e of this paragraph;

2. Is made under the terms of a confidentiality agreement

between the person for whom the audit report was prepared or the

owner or operator of the audited facility or operation and:

a. a partner or potential partner of the owner or

operator of the facility or operation,

b. a transferee or potential transferee of the facility

or operation,

c. a lender or potential lender for the facility or

operation,

d. a governmental official of a state agency, or

e. a person engaged in the business of insuring,

underwriting or indemnifying the facility or

operation; or

3. Is made under a claim of confidentiality to a governmental

official or agency by the person for whom the audit report was

prepared or by the owner or operator.

C. A party to a confidentiality agreement described in

paragraph 2 of subsection B of this section who violates that

agreement is liable for damages caused by the disclosure and for any

other penalties stipulated in the confidentiality agreement.

D. Information that is disclosed under paragraph 3 of

subsection B of this section is confidential and is not subject to

disclosure under Section 24A.1 et seq. of Title 51 of the Oklahoma

Statutes. A public entity, public employee or public official who

discloses information in violation of this subsection is subject to

penalty. It is an affirmative defense to the clerical dissemination

of a privileged audit report that the report was not clearly labeled

"COMPLIANCE REPORT: PRIVILEGED DOCUMENT" or words of similar

import. The lack of labeling may not be raised as a defense if the

entity, employee or official knew or had reason to know that the

document was a privileged audit report.

E. This section may not be construed to circumvent the

protections provided by federal or state law for individuals who

disclose information to law enforcement authorities.