Okla. Stat. tit. 47, § 47-40-102

property damage exceeding certain amount - Reports - Confidentiality

- Allowing examination or reproduction for commercial solicitation

prohibited.

A. 1. Every law enforcement officer who, in the regular course

of duty, investigates or receives a report of a traffic collision

resulting in injury to or death of a person or total property damage

to an apparent extent of Five Hundred Dollars ($500.00) or more

shall prepare a written report of the collision on the standard

collision report form supplied by the Department of Public Safety.

The reports shall be forwarded within thirty (30) days of the

collision or, if the collision results in the death of any person,

then within twenty (20) days of the death of the person, whichever

time period is lesser, by the law enforcement agency preparing the

report to the Department of Public Safety.

2. Reports of collisions shall be kept confidential for a

period of sixty (60) days after the date of the collision; provided,

the reports shall be made available as soon as practicable upon

request to any:

a. party involved in the collision,

b. legal representatives of a party involved in the

collision,

c. state, county or city law enforcement agency,

d. the Department of Transportation or any county or city

transportation or road and highway maintenance agency,

e. licensed insurance agents of a party involved in the

collision,

f. insurer of a party involved in the collision,

g. insurer to which a party has applied for coverage,

h. person under contract with an insurer, as described in

subparagraph e, f or g of this paragraph, to provide

claims or underwriting information,

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i. prosecutorial authority,

j. newspaper as defined in Section 106 of Title 25 of the

Oklahoma Statutes,

k. radio or television broadcaster,

l. licensed private investigators employed by a party

involved in the collision, or

m. provider of health services to a party involved in the

collision.

3. Any person who knowingly violates this section and obtains

or provides information made confidential by this section is guilty

of a misdemeanor and shall be fined no more than Two Thousand Five

Hundred Dollars ($2,500.00). Second and subsequent offenses shall

carry a penalty of imprisonment in the county jail for not more than

thirty (30) days.

B. 1. No public employee or officer shall allow a person to

examine or reproduce a collision report or any related investigation

report if examination or reproduction of the report is sought for

the purpose of making a commercial solicitation. Any person

requesting a collision report may be required to state, in writing,

under penalty of perjury, that the report will not be examined,

reproduced or otherwise used for commercial solicitation purposes.

It shall be unlawful and constitute a misdemeanor for any person to

obtain or use information from a collision report or a copy thereof

for the purpose of making a commercial solicitation.

2. As used in this subsection:

a. "commercial solicitation" means any attempt to use, or

offer for use, personal information contained in a

collision report to solicit any person named in the

report, or a relative of the person, or to solicit a

professional, business, or commercial relationship

that is not pursuant to a request under paragraph 2 of

subsection A of this section. "Commercial

solicitation" does not include publication in a

newspaper, as defined in Section 106 of Title 25 of

the Oklahoma Statutes, or broadcast of information by

news media for news purposes, or obtaining information

for the purpose of verification or settlement of

claims by insurance companies, and

b. "collision report" means any report regarding a motor

vehicle collision which has been submitted by an

individual or investigating officer on a form

prescribed or used by the Department of Public Safety

or local police department.
t of information by

news media for news purposes, or obtaining information

for the purpose of verification or settlement of

claims by insurance companies, and

b. "collision report" means any report regarding a motor

vehicle collision which has been submitted by an

individual or investigating officer on a form

prescribed or used by the Department of Public Safety

or local police department.

3. Publication in a newspaper, as defined in Section 106 of

Title 25 of the Oklahoma Statutes, or broadcast by news media for

news purposes shall not constitute a resale or use of data for trade

or commercial solicitation purposes. Because publication by a

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newspaper, broadcast by news media for news purposes, or obtaining

information for verification or settlement of claims by insurance

companies is not a resale or use of data for commercial solicitation

purposes, an affidavit shall not be required as a condition for

allowing a member of a newspaper or broadcast news media, or

allowing an agent, or business serving as an agent, to insurance

companies, to examine or obtain a copy of a collision report. Any

agent or business obtaining information for verification or

settlement of claims involving persons named in a report shall

secure an affidavit annually from each client stating the

information provided to the client shall not be used for commercial

solicitation purposes under penalty of law.

4. The Department and local police departments shall include

the following or a similar notice upon any copy of a collision

report furnished to others: "Warning - State Law. Use of contents

for commercial solicitation is unlawful."

C. As used in this section:

1. "Newspaper" means a legal newspaper as defined in Section

106 of Title 25 of the Oklahoma Statutes, provided that the primary

purpose of the newspaper is not the publication of personally

identifying information concerning parties involved in the traffic

collision;

2. "Provider of health services" means any person that provides

health care services to the injured person under a license,

certification or registration issued pursuant to Title 59 of the

Oklahoma Statutes, or any hospital or related institution that

offers or provides health care services under a license issued

pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma

Statutes; and

3. "Personal information", as defined in Section 162 of Title

24 of the Oklahoma Statutes, means the first name or first initial

and last name in combination with and linked to any one or more of

the following data elements that relate to a resident of this state,

when the data elements are neither encrypted nor redacted:

a. social security number,

b. driver license number or state identification card

number issued in lieu of a driver license, or

c. financial account number or credit or debit card

number in combination with any required security code,

access code or password that would permit access to

the financial accounts of a resident.

Personal information does not include information that is

lawfully obtained from publicly available information or from

federal, state or local government records lawfully made available

to the general public.