Oklahoma § 51-24A.28 - Confidential information – Exceptions

§ 51-24A.28. Confidential information – Exceptions

A. The following information may be kept confidential:

1. Investigative evidence of a plan or scheme to commit an act

of terrorism;

2. Assessments of the vulnerability of government facilities or

public improvements to an act of terrorism and work papers directly

related to preparing the assessment of vulnerability;

3. Records including details for deterrence or prevention of or

protection from an act or threat of an act of terrorism;

4. Records including details for response or remediation after

an act of terrorism;

Oklahoma Statutes - Title 51. Officers

5. Information technology of a public body or public official

but only if the information specifically identifies:

a.

design or functional schematics that demonstrate the

relationship or connections between devices or

systems,

b.

system configuration information,

c.

security monitoring and response equipment placement

and configuration,

d.

specific location or placement of systems, components,

or devices,

e.

system identification numbers, names, or connecting

circuits,

f.

business continuity and disaster planning, or response

plans, or

g.

investigative information directly related to security

penetrations or denial of services;

6. Investigation evidence of an act of terrorism that has

already been committed;

7. Records received, maintained, or generated by the Oklahoma

Office of Homeland Security which include confidential private

business information or an individual’s private records;

8. Records received by the Oklahoma Office of Homeland Security

from the United States Department of Homeland Security or records

maintained or generated by the Oklahoma Office of Homeland Security

involving the United States Department of Homeland Security;

9. Records received, maintained, or generated by the Department

of Environmental Quality that contain information regarding sources

of radiation in quantities determined by the United States Nuclear

Regulatory Commission to be significant to public health and safety,

by whomever possessed, whether in transit or at fixed sites, when

the information could reasonably be expected to have an adverse

effect on the health and safety of the public by increasing the

likelihood of theft, diversion, or sabotage of the radiation sources

or facilities. The information may include but is not limited to

information:

a.

from or relating to radioactive material licensees

identifying the exact location of the radioactive

material,

b.

describing how the radioactive material is secured

from unauthorized removal or access when it is in

storage,

c.

describing the control and maintenance of constant

surveillance of the radioactive material when it is

not in storage,

d.

describing specific policies and procedures for

actions to physically protect the radioactive

material,

Oklahoma Statutes - Title 51. Officers

e.

identifying possession limits or actual inventories of

radionuclides,

f.

containing or describing assessments or analyses that

could reveal vulnerabilities,

g.

identifying specific locations of safety and security

equipment,

h.

describing emergency planning, emergency response and

fire protection, and

i.

containing or describing other information that could

reasonably be expected to be useful to persons with

malevolent intent;

10. The names of school district personnel who have been

designated to carry a firearm pursuant to Section 5-149.2 of Title

70 of the Oklahoma Statutes;

11. Information technology of the State Election Board or a

county election board which is determined jointly by the Secretary

of the State Election Board and the State Chief Information Officer

to be technology that could reasonably be expected to be useful to

persons with intent to interfere with the conduct of an election,

voter registration, or other election processes;

12. Records received, maintained, or generated by the Oklahoma

Municipal Power Authority established pursuant to Section 24-101 et

seq. of Title 11 of the Oklahoma Statutes and in its role as an

electric utility regulated by the federal government, related to

security plans and procedures including, but not limited to,

cybersecurity matters; and

13. Risk and vulnerability assessments of school districts

conducted pursuant to Section 2 of this act including

recommendations to increase security on school district property and

work papers directly related to preparation of the risk and

vulnerability assessments.

B. The following information shall not be kept confidential:

1. Records related to federal grants administered by the

Oklahoma Office of Homeland Security or the Department of

Environmental Quality;

2. Records related to the receipt and expenditure of public

funds; or

3. Records related to the financial performance or financial

administration of the Oklahoma Office of Homeland Security or the

Department of Environmental Quality.

C. For the purposes of this section, the term “terrorism” means

any act encompassed by the definitions set forth in Section 1268.1

of Title 21 of the Oklahoma Statutes.

D. 1. Public educational institutions may keep confidential

campus security plans. An institution or agency may in its

discretion release information contained in or related to the campus

security plan in order to design or implement the plan.

Oklahoma Statutes - Title 51. Officers

2. Nothing in this subsection shall preclude an institution or

agency within The Oklahoma State System of Higher Education from

collecting and releasing information relating to campus crime

statistics and campus security policies as is required pursuant to

the Jeanne Clery Disclosure of Campus Security Policy and Campus

Crime Statistics Act, 20 U.S.C. 1092(f).

3. For purposes of this subsection, “campus security plan”

shall include, but is not limited to, prevention and response

procedures to and notification procedures for perceived or actual

security threats and incidents on or impacting the campus.

Added by Laws 2003, c. 175, § 2, emerg. eff. May 5, 2003. Amended

by Laws 2005, c. 399, § 1, emerg. eff. June 6, 2005; Laws 2009, c.

166, § 1, eff. July 1, 2009; Laws 2013, c. 14, § 1, emerg. eff.

April 8, 2013; Laws 2016, c. 231, § 1, eff. July 1, 2016; Laws 2019,

c. 163, § 9, eff. Nov. 1, 2019; Laws 2021, c. 130, § 2, eff. Nov. 1,

2021; Laws 2023, c. 325, § 1, eff. July 1, 2023.

NOTE: Editorially renumbered from § 24A.27 of this title to avoid a

duplication in numbering.