House passes data privacy legislation

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OKLAHOMA CITY — For the third time in as many years, legislation that requires a technology company to get a customer’s consent before that information can be collection passed the Oklahoma House of Representatives last week.

House Bill 1030 would recreate the Oklahoma Computer Data Privacy Act. The measure, written by Rep. Josh West, a Republican from Grove, passed the House on an 84-11 vote. 

West said the bill was necessary because technology companies gather information about their customers.

“Big tech is able to collect data on all of us, down to the minutest detail,” he said. “They then turn around and profit off of the sale of that data, which is used to market us at best and socially engineer us at worst. 

“This bill is simple. Tell the consumer up front what data you are collecting and what you will do with that data. Then let the consumer decide if they want to allow the sale of their personal and private information.”

West said he authored other versions of his bill over the past two years. While those bills were passed by the House, they failed to get a hearing in the state Senate. West said this year, he’s expanded conversations with various stakeholders, and he’s hopeful this bill will now be considered in the opposite chamber.

In a media statement about his bill, West said a report by the National Security Commission showed how U.S. adversaries are using artificial intelligence systems to enhance disinformation campaigns and cyberattacks that identify and target American citizens. 

Big tech companies, he said, are profiting off the sale of such information in a way that is meant to manipulate and coerce behavior.

He said HB 1030 would require technology companies operating in the state to fully disclose the information collected on consumers and explain how that information is being used or sold. The measure would also allow consumers to opt in or opt out of information gathering.

The law would apply to businesses with an annual gross revenue of more than $15 million or that share for commercial purposes the personal information of 50,000 or more consumers, or that derive 25% or more of their annual revenue from selling consumers’ personal information.

West said Oklahoma was falling behind other states in consumer privacy protection. He said many other states have passed similar legislation or are considering it in the interest of protecting their constituents. 

Five states — California, Colorado, Connecticut, Utah and Virginia — have enacted comprehensive consumer data privacy laws. In eight other states, lawmakers have introduced similar bills this year as well as numerous bills on biometric information, children’s privacy, health data privacy, data broker regulation and automated employment decision tools.

Oklahoma lawmakers have until May 26 to review the measure.