Okla. Stat. tit. 51, § 51-24A.5v2

records – Exemptions.

All records of public bodies and public officials shall be open

to any person for inspection, copying, or mechanical reproduction

during regular business hours; provided:

1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.34

of this title, does not apply to records specifically required by

law to be kept confidential including:

a. records protected by a state evidentiary privilege

such as the attorney-client privilege, the work

product immunity from discovery and the identity of

informer privileges,

b. records of what transpired during meetings of a public

body lawfully closed to the public such as executive

sessions authorized under the Oklahoma Open Meeting

Act,

c. personal information within driver records as defined

by the Driver’s Privacy Protection Act, 18 U.S.C.,

Sections 2721 through 2725,

d. information in the files of the Board of Medicolegal

Investigations obtained pursuant to Sections 940 and

941 of Title 63 of the Oklahoma Statutes that may be

hearsay, preliminary unsubstantiated investigation-

related findings, or confidential medical information,

e. any test forms, question banks and answer keys

developed for state licensure examinations, but

specifically excluding test preparation materials or

study guides,

f. last names, addresses, Social Security numbers or tax

identification numbers, and proof of identification

submitted to the Oklahoma Lottery Commission by

persons claiming a lottery prize,

g. unless public disclosure is required by other laws or

regulations, vehicle movement records of the Oklahoma

Transportation Authority obtained in connection with

the Authority’s electronic toll collection system,

Oklahoma Statutes - Title 51. Officers Page 27

h. personal financial information, credit reports, or

other financial data obtained by or submitted to a

public body for the purpose of evaluating credit

worthiness, obtaining a license, permit, or for the

purpose of becoming qualified to contract with a

public body,

i. any digital audio/video recordings of the toll

collection and safeguarding activities of the Oklahoma

Transportation Authority,

j. any personal information provided by a guest at any

facility owned or operated by the Oklahoma Tourism and

Recreation Department to obtain any service at the

facility or by a purchaser of a product sold by or

through the Oklahoma Tourism and Recreation

Department,

k. a United States Department of Defense Form 214 (DD

Form 214) filed with a county clerk, including any DD

Form 214 filed before July 1, 2002,

l. except as provided for in Section 2-110 of Title 47 of

the Oklahoma Statutes:

(1) any record in connection with a Motor Vehicle

Report issued by the Department of Public Safety,

as prescribed in Section 6-117 of Title 47 of the

Oklahoma Statutes, or
United States Department of Defense Form 214 (DD

Form 214) filed with a county clerk, including any DD

Form 214 filed before July 1, 2002,

l. except as provided for in Section 2-110 of Title 47 of

the Oklahoma Statutes:

(1) any record in connection with a Motor Vehicle

Report issued by the Department of Public Safety,

as prescribed in Section 6-117 of Title 47 of the

Oklahoma Statutes, or

(2) personal information within driver records, as

defined by the Driver’s Privacy Protection Act,

18 U.S.C., Sections 2721 through 2725, which are

stored and maintained by the Department of Public

Safety,

m. any portion of any document or information provided to

an agency or entity of the state or a political

subdivision to obtain licensure under the laws of this

state or a political subdivision that contains an

applicant’s personal address, personal phone number,

personal email address, any government-issued

identification numbers, or other contact information;

provided, however, lists of persons licensed, the

existence of a license of a person, or a business or

commercial address, or other business or commercial

information disclosable under state law submitted with

an application for licensure shall be public record,

unless the business or commercial address is the same

as the applicant’s personal address, except when the

applicant permits in writing the disclosure of the

address,

n. an investigative file obtained during an investigation

conducted by the State Department of Health into

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violations of the Long-Term Care Administrator

Licensing Act under Title 63 of the Oklahoma Statutes,

or

o. documents, evidence, materials, records, reports,

complaints, or other information in the possession or

control of the Attorney General or Insurance

Department pertaining to an evaluation, examination,

investigation, or review made pursuant to the

provisions of the Patient’s Right to Pharmacy Choice

Act, the Pharmacy Audit Integrity Act, or Sections 357

through 360 of Title 59 of the Oklahoma Statutes;

2. All Social Security numbers included in a record may be

confidential regardless of the person’s status as a public employee

or private individual and may be redacted or deleted prior to

release of the record by the public body;

3. Any reasonably segregable portion of a record containing

exempt material shall be provided after deletion of the exempt

portions; provided, however, the Department of Public Safety shall

not be required to assemble for the requesting person specific

information, in any format, from driving records relating to any

person whose name and date of birth or whose driver license number

is not furnished by the requesting person.

The Oklahoma State Bureau of Investigation shall not be required

to assemble for the requesting person any criminal history records

relating to persons whose names, dates of birth, and other

identifying information required by the Oklahoma State Bureau of

Investigation pursuant to administrative rule are not furnished by

the requesting person;

4. Any request for a record which contains individual records

of persons, and the cost of copying, reproducing or certifying each

individual record is otherwise prescribed by state law, the cost may

be assessed for each individual record, or portion thereof requested

as prescribed by state law. Otherwise, a public body may charge a

fee only for recovery of the reasonable, direct costs of record

copying, or mechanical reproduction. Notwithstanding any state or

local provision to the contrary, in no instance shall the record

copying fee exceed twenty-five cents ($0.25) per page for records

having the dimensions of eight and one-half (8 1/2) by fourteen (14)

inches or smaller, or a maximum of One Dollar ($1.00) per copied

page for a certified copy. However, if the request:

a. is solely for commercial purpose, or
duction. Notwithstanding any state or

local provision to the contrary, in no instance shall the record

copying fee exceed twenty-five cents ($0.25) per page for records

having the dimensions of eight and one-half (8 1/2) by fourteen (14)

inches or smaller, or a maximum of One Dollar ($1.00) per copied

page for a certified copy. However, if the request:

a. is solely for commercial purpose, or

b. would clearly cause excessive disruption of the

essential functions of the public body,

then the public body may charge a reasonable fee to recover the

direct cost of record search and copying; however, publication in a

newspaper or broadcast by news media for news purposes shall not

constitute a resale or use of a record for trade or commercial

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purpose and charges for providing copies of electronic data to the

news media for a news purpose shall not exceed the direct cost of

making the copy. The fee charged by the Department of Public Safety

for a copy in a computerized format of a record of the Department

shall not exceed the direct cost of making the copy unless the fee

for the record is otherwise set by law. A public body may require

advance payment of the estimated fees authorized under this section

when the estimated cost exceeds Seventy-five Dollars ($75.00) or if

the requestor has outstanding fees from previous requests. Any

portion of an advance payment that exceeds the costs of responding

to the request shall be returned to the requestor.

Any public body establishing fees under the Oklahoma Open

Records Act shall post a written schedule of the fees at its

principal office and with the county clerk.

In no case shall a search fee be charged when the release of

records is in the public interest, including, but not limited to,

release to the news media, scholars, authors and taxpayers seeking

to determine whether those entrusted with the affairs of the

government are honestly, faithfully, and competently performing

their duties as public servants.

The fees shall not be used for the purpose of discouraging

requests for information or as obstacles to disclosure of requested

information;

5. The land description tract index of all recorded instruments

concerning real property required to be kept by the county clerk of

any county shall be available for inspection or copying in

accordance with the provisions of the Oklahoma Open Records Act;

provided, however, the index shall not be copied or mechanically

reproduced for the purpose of sale of the information;

6. A public body must provide prompt, reasonable access to its

records but may establish reasonable procedures which protect the

integrity and organization of its records and to prevent excessive

disruptions of its essential functions. A delay in providing access

to records shall be limited solely to the time required for

preparing the requested documents and the avoidance of excessive

disruptions of the public body’s essential functions. In no event

may production of a current request for records be unreasonably

delayed until after completion of a prior records request that will

take substantially longer than the current request. Any public body

which makes the requested records available on the Internet shall

meet the obligation of providing prompt, reasonable access to its

records as required by this paragraph;

7. A public body may require a requestor to complete a records

request form. If a records request does not describe the requested

records with reasonable specificity, a public body may ask the

requestor to clarify the request. To have reasonable specificity, a

request shall:

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a. specify a general time frame within which the

requested records would have been created or

transmitted,

b. seek identifiable records, rather than general

information without any qualifiers or other

specifications, and
e specificity, a public body may ask the

requestor to clarify the request. To have reasonable specificity, a

request shall:

Oklahoma Statutes - Title 51. Officers Page 30

a. specify a general time frame within which the

requested records would have been created or

transmitted,

b. seek identifiable records, rather than general

information without any qualifiers or other

specifications, and

c. include search terms that are sufficiently specific to

assist the public body in identifying the requested

records.

If a public body has engaged with the requestor to seek the

information needed to fulfill the request and to identify the

records sought by the requestor, including providing the requestor

with general topics or a specific list of records related to the

request, the request may be denied if it is still not reasonably

specific; and

8. A public body shall designate certain persons who are

authorized to release records of the public body for inspection,

copying, or mechanical reproduction. At least one person shall be

available at all times to release records during the regular

business hours of the public body.