Okla. Privacy Bill Stalls Despite Clearing House Panel

West's HB-1012 is a comprehensive privacy bill based on the 2018 California Consumer Protection Act before it was amended by the CPRA (see 2501140059). “We do know, and most people know, that your private information is collected and sold to whoever wants to buy it,” said West. It’s “not breaking any laws because there’s no laws [in Oklahoma] against it right now.”

West said his bill aims to change that. HB-1012 would apply to businesses in the state that collect consumer’s personal data and requires them to have privacy policies addressing what information is collected and why, how consumers can correct or delete their data, and whether that data is shared or sold and to whom, among other things, he said. West also said HB-1012 would require companies to delete consumer data when asked, inform consumers of opt-out rights for personalized ads and prohibit businesses from sharing personal data to third parties unless necessary. The bill has exemptions including for federal laws such as the Fair Credit Reporting Act and the Health Insurance Portability and Accountability Act, he said.

“I will close my explanation by saying…I will not run this bill on the floor this year,” said West. “I've told many, many people, I've worked with all the opposition starting last year, and I said I’ll give my word that I will not run on the floor” until we have compromises. “We have two years in the 60th [legislative session] and so we've got a year to come up with some…element[s] of compromise,” he said. “If this passes committee ... I give my word -- I will not go back on my word -- this bill will not run on the floor this year.”

The committee voted 7-1 to advance the bill.

The committee also voted 7-1 to advance Republican Rep. Chad Caldwell’s HB-1275, one of three bills introduced in Oklahoma that require age verification to access social media platforms (see 2501170053).

“In a content-neutral manner, we are trying to put some guardrails on social media access for our kids,” said Caldwell. “We have a compelling interest to protect the youth of Oklahoma, much like we’ve done when it comes to other addictive substances such as tobacco or alcohol.”

Some members of the committee expressed concerns about how the bill aims to prevent minors’ access to social media. “Are you concerned with this bill potentially burdening users who care about anonymity, privacy, security, online?” asked Rep. Arturo Alonso (D), who later voted no due to data privacy concerns.

Caldwell said digital privacy is a big concern that was taken into account when drafting the bill. “It's always about the way we do it,” he said. “We are working to create ways to help safeguard all that information, and to do so in a way that really limits any potential exposure … I understand that those concerns are out there, but I do think there are ways, with the very, very limited demographic information that we're requesting here, that we can [verify age] in a way that still provides that safety and security for the user.”

Alonso also raised First Amendment questions, specifically on how age verification may burden free speech and expression. Caldwell responded that he had “certainly looked at the legislation that's been passed in other states,” he said. “I think we've improved upon it. I think we've tried to create something that is narrowly focused as possible, while still regulating” kid’s access to social media.

Rep. Emily Gise (R) asked whether this bill shifts the role of regulating children’s social media from parents to the state. Caldwell again stressed that the government has a compelling interest in protecting children.