Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB35

Introduced
2/6/23  

Caption

Electronic communication; creating the Electronic Communication and Device Privacy Act; establishing procedures for access to certain information. Effective date.

Impact

If enacted, this legislation will significantly alter existing regulations surrounding electronic information access. Government entities will only be permitted to access electronic communication and device information under specific conditions: a valid warrant issued under state or federal law, or under emergency situations where immediate access is deemed necessary to prevent serious injury or evidence tampering. These changes could impact law enforcement protocols and privacy rights considerably, ensuring individuals' communications are safeguarded unless justified otherwise.

Summary

Senate Bill 35, known as the Electronic Communication and Device Privacy Act, seeks to enhance protections regarding personal electronic communications and device usage. It sets forth a framework restricting how government entities can access electronic information, specifically requiring warrants in most circumstances. The bill reflects growing concerns about privacy in an increasingly digital world, establishing legal guidelines for when electronic information can be compelled from service providers and how it may be obtained by authorities.

Contention

There could be contentious debates surrounding this bill, particularly regarding the balance between public safety and individual privacy rights. Proponents will argue that requiring warrants is essential for protecting citizens' rights in the face of potential governmental overreach, while opponents may express concerns over how this could impede law enforcement’s ability to respond to emergencies or prevent crime. The requirement for notification upon access may also lead to discussions about the implications of transparency and accountability in government actions.

Companion Bills

No companion bills found.

Previously Filed As

OK A02565

Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.

OK SB010

Electronic Communications in Health Care

OK SB673

Stalking; using electronically transmitted communication, penalty.

OK SB710

Relating to the establishment and use of a written electronic communications system accessible to the public by certain municipal entities.

OK HB2658

Modifies provisions relating to electronic communications

OK A01880

Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.

OK S02615

Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.

OK S01531

Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.

OK HB0261

Electronic Information Privacy Act Amendments

OK HB5382

Relating to the establishment and use of a written electronic communications system accessible to the public by certain municipal entities.

Similar Bills

PA HB1970

In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.

CA AB1800

Portable electronics and optical products insurance.

TX SB1531

Relating to the electronic payment of ad valorem taxes; authorizing a fee.

PA SB861

In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.

NJ S1336

The "Uniform Electronic Wills Act"; authorizes electronic wills.

NJ A3229

The "Uniform Electronic Wills Act"; authorizes electronic wills.

MD SB842

Electronic Smoking Devices - Seizure and Wholesaler Record-Keeping Requirements

NV AB18

Revises provisions relating to the electronic filing of certain documents. (BDR 5-469)