Oklahoma § 36-678 - Promulgation of rules — Violations

§ 36-678. Promulgation of rules — Violations

A. The Insurance Commissioner may promulgate any rules

necessary to carry out the provisions of this section.

B. 1. The following exceptions shall apply to this act:

a.

a licensee with less than Five Million Dollars

($5,000,000.00) in gross annual revenue, is exempt

from this act,

b.

a licensee subject to the Health Insurance Portability

and Accountability Act, Pub. L. 104–191, 110 Stat.

1936, as amended, that has established and maintains

an information security program pursuant to such

statutes, rules, regulations, procedures, or

guidelines established thereunder, will be considered

to meet the requirements of Section 4 of this act,

provided that the licensee is compliant with and

submits a written statement to the Commissioner

certifying its compliance with the same,

c.

a licensee subject to Title V of the federal GrammLeach-Bliley Act of 1999 (15 U.S.C. Sections 6801-6809

and 6821-6827) that has established and maintains an

information security program pursuant to such,

statutes, rules, regulations, procedures, or

guidelines established thereunder, will be considered

to meet the requirements of Section 4 of this act,

provided that the licensee is compliant with and

Oklahoma Statutes - Title 36. Insurance

submits a written statement to the Commissioner

certifying its compliance with the same, and

d.

an employee, agent, representative, or designee of a

licensee, who is also a licensee, is exempt from this

act and shall not be required to develop their own

information security program to the extent that the

employee, agent, representative, or designee is

covered by the information security program of the

licensee.

2. If a licensee ceases to qualify for an exception, the

licensee shall have one hundred eighty (180) days to comply with the

provisions of this act.

C. In the case of a violation of this act, a licensee may be

penalized in accordance with any applicable sections of the

Insurance Code, including, but not limited to, Section 908 of Title

36 of the Oklahoma Statutes, or any other provision providing for

penalties that the licensee is subject to under the license or

permit of the licensee. Nothing in this act shall be construed to

impose any civil liability for any violation of this act or omission

to act by the licensee or employees of the licensee.

D. The provisions of this act shall take precedence over any

other state laws applicable to licensees for data security and the

investigation of a cybersecurity event.

Added by Laws 2024, c. 346, § 9, eff. July 1, 2024.