Oklahoma § 21-1742.3 - Limitation on applicability of act

§ 21-1742.3. Limitation on applicability of act

No provision of this act shall be construed:

1. So as to prevent any action by a law enforcement agency, or

any officer, employee, or agent of a law enforcement agency, to

obtain telephone records in connection with the performance of the

official duties of the agency;

2. To prohibit a telephone company from obtaining, using,

disclosing, or permitting access to any telephone record, either

directly or indirectly, through its agents:

a.

as otherwise authorized by law,

b.

with the lawful consent of the customer or subscriber,

c.

as may be reasonably incident to the rendition of the

service or to the protection of the rights or property

of the telephone company, or to protect users of those

services and other carriers from fraudulent, abusive,

or unlawful use of, or subscription to such services,

Oklahoma Statutes - Title 21. Crimes and Punishments

d.

to a governmental entity, if the telephone company

reasonably believes that an emergency involving

immediate danger of death or serious physical injury

to any person justifies disclosure of the information,

or

e.

to the National Center for Missing and Exploited

Children, in connection with a report submitted

thereto under Section 227 of the Victims of Child

Abuse Act of 1990;

3. To apply to or expand upon the obligations and duties of any

telephone company to protect telephone records beyond those

otherwise established by federal and state law or as set forth in

Section 4 of this act; or

4. To create a cause of action against a telephone company, its

agents and/or representatives, who reasonably and in good faith act

pursuant to this act, notwithstanding any later determination that

such action was not in fact authorized.

Added by Laws 2006, c. 147, § 3, eff. Nov. 1, 2006.