Law / United States / 
Oklahoma
Security of Communications Act, prohibited interception and consent exceptions
Okla. Stat. tit. 13, §§ 176.1 to 176.5
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os13.pdfIn force.
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
What it requires
- Do not intercept, disclose, or use the contents of a wire, oral, or electronic communication unless you are a party to it or one of the parties has given prior consent, and, if you are not acting under color of law, do not rely on that consent where the interception is for the purpose of committing a criminal act.
- Do not disclose or use the contents of a wire, oral, or electronic communication, or evidence derived from it, knowing or having reason to know it was obtained through an unlawful interception.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Since , willfully intercepting, disclosing, or using a wire, oral, or electronic communication in violation of the Act is a Class D1 felony offense punished by a fine of not less than $5,000.00, by imprisonment as provided in subsections B through F of Section 20N of Title 21, or by both.
What this law does
Since , section 176.3 makes it a Class D1 felony offense, punished by a fine of not less than $5,000.00, by imprisonment as provided in subsections B through F of Section 20N of Title 21, or by both, for any person to willfully intercept, disclose, or use the contents of a wire, oral, or electronic communication.
Under section 20N(B) of Title 21, a Class D1 offense is punished by imprisonment for not more than five years, with at least twenty percent of the sentence served before release. Section 20N(C) sets longer terms for a person with prior felony convictions.
Section 176.4 exempts a person who is a party to the communication, or who acts with one party's prior consent, whether or not that person is acting under color of law, so long as a person not acting under color of law does not intercept the communication for the purpose of committing a criminal act. An oral communication is one uttered with an expectation that it is not subject to interception under circumstances justifying that expectation.
Neither this section nor the remainder of the Act states a civil cause of action for a violation; sections 176.5 through 176.14 concern device forfeiture, evidentiary exclusion, and the court-order procedure for law enforcement interception. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.
Back to the example · Lint your app
Page updated .