Okla. Stat. tit. 36, § 36-673

This is the official text of Okla. Stat. tit. 36, § 36-673, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.

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Information security program

Official statutory text

A. Each licensee in this state shall develop, implement, and

maintain a comprehensive written information security program based

on the risk assessment of the licensee provided for in this act and

that contains administrative, technical, and physical safeguards for

the protection of nonpublic information and the information systems

of the licensee. The program shall be commensurate with the size

and complexity of the licensee, the nature and scope of the

activities of the licensee, including its use of third-party service

providers, and the sensitivity of the nonpublic information used by

the licensee or in the possession, custody, or control of the

licensee.

B. An information security program of a licensee shall be

designed to:

1. Protect the security and confidentiality of nonpublic

information and the security of the information systems;

2. Protect against any threats or hazards to the security or

integrity of nonpublic information and the information systems;

3. Protect against unauthorized access to or use of nonpublic

information, and minimize the likelihood of harm to any consumer;

and

4. Define and periodically reevaluate a schedule for retention

of nonpublic information and a mechanism for its destruction when no

longer needed.

C. The licensee shall:

1. Designate one or more employees, an affiliate, or an outside

vendor designated to act on behalf of the licensee who is

responsible for the information security program;

2. Identify reasonably foreseeable internal or external threats

that could result in unauthorized access, transmission, disclosure,

misuse, alteration, or destruction of nonpublic information

including, but not limited to, the security of information systems

and nonpublic information that are accessible to, or held by, third-

party service providers;

3. Assess the likelihood and potential damage of these threats,

taking into consideration the sensitivity of the nonpublic

information;

4. Assess the sufficiency of policies, procedures, information

systems, and other safeguards in place to manage these threats,

Oklahoma Statutes - Title 36. Insurance Page 180

including consideration of threats in each relevant area of the

operations of the licensee, including:

a. employee training and management,

b. information systems, including, but not limited to,

network and software design, as well as information

classification, governance, processing, storage,

transmission, and disposal, and

c. detecting, preventing, and responding to attacks,

intrusions, or other systems failures; and

5. Implement information safeguards to manage the threats

identified in its ongoing assessment, and no less than annually,

assess the effectiveness of the key controls, systems, and

procedures of the safeguards.

D. Based on the results of the risk assessment, the licensee

shall:

1. Design its information security program to mitigate the

identified risks, commensurate with the size and complexity of the

licensee, the nature and scope of the activities of the licensee

including its use of third-party service providers, and the

sensitivity of the nonpublic information used by the licensee or in

the possession, custody, or control of the licensee;

2. Determine and implement security measures deemed

appropriate, including:

a. place access controls on information systems including

controls to authenticate and permit access only to

authorized individuals to protect against the

unauthorized acquisition of nonpublic information,

b. identify and manage the data, personnel, devices,

systems, and facilities that enable the organization

to achieve business purposes in accordance with their

relative importance to business objectives and the

risk strategy of the organization,

c. restrict physical access to nonpublic information to

authorized individuals only,

d. protect by encryption or other appropriate means, all

nonpublic information while being transmitted over an
es,

systems, and facilities that enable the organization

to achieve business purposes in accordance with their

relative importance to business objectives and the

risk strategy of the organization,

c. restrict physical access to nonpublic information to

authorized individuals only,

d. protect by encryption or other appropriate means, all

nonpublic information while being transmitted over an

external network and all nonpublic information stored

on a laptop computer or other portable computing or

storage device or media,

e. adopt secure development practices for in-house

developed applications utilized by the licensee,

f. modify the information system in accordance with the

information security program of the licensee,

g. utilize effective controls, which may include multi-

factor authentication procedures for any authorized

individual accessing nonpublic information,

Oklahoma Statutes - Title 36. Insurance Page 181

h. regularly test and monitor systems and procedures to

detect actual and attempted attacks on, or intrusions

into, information systems,

i. include audit trails within the information security

program designed to detect and respond to

cybersecurity events and designed to reconstruct

material financial transactions sufficient to support

normal operations and obligations of the licensee,

j. implement measures to protect against destruction,

loss, or damage of nonpublic information due to

environmental hazards such as fire and water damage or

other catastrophic events or technological failures,

and

k. develop, implement, and maintain procedures for the

secure disposal of nonpublic information in any

format;

3. Include cybersecurity risks in the enterprise risk

management process of the licensee;

4. Stay informed regarding emerging threats or vulnerabilities

and utilize reasonable security measures when sharing information

relative to the character of the sharing and the type of information

shared; and

5. Provide its personnel with cybersecurity awareness training

that is updated as necessary to reflect risks identified by the

licensee in the risk assessment.

E. If the licensee has a board of directors, the board or an

appropriate committee of the board, at a minimum, within one (1)

year of July 1, 2024, shall:

1. Require the executive management of the licensee or its

delegates to develop, implement, and maintain the information

security program of the licensee;

2. Require the executive management of the licensee or its

delegates to report to the board in writing, at least annually, the

following information:

a. the overall status of the information security program

and the compliance of the licensee with this act, and

b. material matters related to the information security

program, addressing issues such as risk assessment,

risk management and control decisions, third-party

service provider arrangements, results of testing,

cybersecurity events or violations and responses of

the management to those events or violations, and

recommendations for changes in the information

security program; and

3. If executive management delegates any of its

responsibilities, it shall oversee the development, implementation,

and maintenance of the information security program of the licensee

Oklahoma Statutes - Title 36. Insurance Page 182

prepared by the delegate or delegates and shall receive a report

from the delegate or delegates complying with the requirements of

the report to the board.

F. A licensee shall exercise due diligence in selecting its

third-party service provider and shall require the provider to

implement appropriate administrative, technical, and physical

measures to protect and secure the information systems and nonpublic

information that are accessible to, or held by, the third-party

service provider.

G. The licensee shall monitor, evaluate, and adjust, as

appropriate, the information security program consistent with any
rd-party service provider and shall require the provider to

implement appropriate administrative, technical, and physical

measures to protect and secure the information systems and nonpublic

information that are accessible to, or held by, the third-party

service provider.

G. The licensee shall monitor, evaluate, and adjust, as

appropriate, the information security program consistent with any

relevant changes in technology, the sensitivity of its nonpublic

information, internal or external threats to information and the

changing business arrangements of the licensee, such as mergers and

acquisitions, alliances and joint ventures, outsourcing

arrangements, and changes to information systems.

H. As part of its information security program, each licensee

shall establish a written incident response plan designed to

promptly respond to, and recover from, any cybersecurity event that

compromises the confidentiality, integrity, or availability of

nonpublic information in its possession, the information systems of

the licensee, or the continuing functionality of any aspect of the

business or operations of the licensee.

The incident response plan shall address the following areas:

1. The internal process for responding to a cybersecurity

event;

2. The goals of the incident response plan;

3. The definition of clear roles, responsibilities, and levels

of decision-making authority;

4. External and internal communications and information

sharing;

5. Identification of requirements for the remediation of any

identified weaknesses in information systems and associated

controls;

6. Documentation and reporting regarding cybersecurity events

and related incident response activities; and

7. The evaluation and revision as necessary of the incident

response plan following a cybersecurity event.

I. Annually, each insurer domiciled in this state shall submit

to the Insurance Commissioner a written statement by April 15,

certifying that the insurer complies with the requirements set forth

in this section. Each insurer shall maintain, for examination by

the Insurance Department, all records, schedules, and data

supporting this certificate for a period of five (5) years. To the

extent an insurer has identified areas, systems, or processes that

require material improvement, updating, or redesign, the insurer

shall document the identification and the remedial efforts planned

Oklahoma Statutes - Title 36. Insurance Page 183

and underway to address such areas, systems, or processes. The

documentation shall be available for inspection by the Commissioner

upon request.

Status: in_force · Read it on the official government site

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