Law / United States / 
Oklahoma
Oklahoma Consumer Data Privacy Act, Attorney General enforcement
Okla. Stat. tit. 75A, Secs. 312-313
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect Oklahoma Consumer Data Privacy Act violations to be enforced only by the Oklahoma Attorney General, never by a private plaintiff. The Act expressly forecloses a private right of action.
- Cure a noticed violation within 30 days of Attorney General notice to avoid a civil penalty of up to $7,500 per violation.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
The Act requires the Attorney General to post information on the responsibilities of controllers and processors and on consumers' rights.
- As of
- Open questions
- Must the Attorney General give the 30-day written notice in Okla. Stat. tit. 75A, ยง 312 before suing over a violation that cannot be cured, such as a sale of personal data that has already occurred?
What it makes you log
Logging duty
The row cites the Attorney General enforcement sections. Sec. 312 requires the Attorney General to give 30 days written notice of the alleged violation before suing, and bars the action if the controller or processor cures within that period and gives the Attorney General a written statement with supportive documentation of the cure. That statement is a route the controller may take to avoid suit and is not a standing duty to keep a record. Sec. 313 sets a civil penalty of up to $7,500 per violation and no private right of action. The row sets no retention period, no audit and no access to a record, and names no territorial clause. The duty to document a data protection assessment and to make it available to the Attorney General on written request sits in Sec. 309(A) and (C), outside this row.
- Kind
- None
- As of
What this law does
The Oklahoma Attorney General has authority to enforce SB 546. Before suing, the Attorney General must give an alleged violator 30 days' written notice identifying the specific provisions violated (SB 546 Sec. 13); no sunset date for this cure period appears in the sections read.
A controller or processor who violates the Act after that cure period, or who breaches its own written statement of cure, is liable for a civil penalty of up to $7,500 per violation, and the Attorney General may seek to recover it and to restrain or enjoin the violation. The Act expressly forecloses a private right of action for a violation of the Act or any other provision of law.
When LexLint raises it
When your app profile says your app processes personal data.
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