Oklahoma § 18-2070 - Affirmative defense — Conditions

§ 18-2070. Affirmative defense — Conditions

A. The requirements of this section are voluntary; provided, a

covered entity may only seek an affirmative defense under this act

if the following conditions are met:

Oklahoma Statutes - Title 18. Corporations

1. A covered entity seeking an affirmative defense under this

act shall create, maintain, and comply, including documentation of

such compliance, with a written cybersecurity program that contains

administrative, technical, and physical safeguards for the

protection of both personal information and restricted information

and that reasonably conforms to an industry-recognized cybersecurity

framework, as described in this section;

2. A covered entity's cybersecurity program shall be designed

to do all of the following with respect to the information described

in paragraph 1 of this subsection, as applicable:

a.

protect the security and confidentiality of the

information,

b.

protect against any anticipated threats or hazards to

the security or integrity of the information, and

c.

protect against unauthorized access to and acquisition

of the information that is likely to result in a

material risk of identity theft or other fraud to the

individual to whom the information relates;

3. The scale and scope of a covered entity's cybersecurity

program under this subsection is appropriate if it is based on all

of the following factors:

a.

the size and complexity of the covered entity,

b.

the nature and scope of the activities of the covered

entity,

c.

the sensitivity of the information to be protected,

d.

the cost and availability of tools to improve

information security and reduce vulnerabilities, and

e.

the resources available to the covered entity; and

4. The cybersecurity program shall contain requirements that it

be reviewed, evaluated, and updated on at least an annual basis and

shall require documentation of the same.

B. A covered entity that satisfies paragraphs 1 through 4 of

subsection A of this section is entitled to an affirmative defense

to any cause of action sounding in tort that is brought alleging

that the failure to implement reasonable information security

controls resulted in a data breach concerning personal information

or restricted information.

Added by Laws 2023, c. 84, § 3, eff. Nov. 1, 2023.