Oklahoma House passes data privacy bill

House Bill 1602, by Rep. Collin Walke, D-Oklahoma City, is opposed by several loud industry voices and the Oklahoma State Chamber of Commerce but has almost 40 House co-authors. It passed Thursday 85-11.

As explained by Walke, the bill has four major components:

Each person’s right to know what data individual companies have gathered and to whom it’s been sold.

The right to have the data deleted.

The right to opt out of future data collection.

An opt-in requirement, beginning in 2023, allowing the sale of data only if the person involved agrees.

Walke said the first three of those is included in the policy statements of many companies that collect and sell data but which are not always followed.

In its present form, HB 1602 would apply only to companies with at least $10 million in gross revenue or that derive more than 25% of their revenue from the sale of data.

Globally, the data market is estimated at $170 billion annually and growing rapidly.

Walke and his co-author, Rep. Josh West, R-Grove, said individuals from whom that data is gleaned should have more say in how it is used and by whom.

“As of right now, you don’t know what information Facebook has on you,” Walke said. “You don’t know what information your Roomba has on you. You don’t know what information Amazon has on you. This gives you the right to do that.”

West said he and Walke have been working on the bill for a year and a half.

“When we started, we didn’t know where the data was going — and we still don’t,” West said.

“I understand the businesses don’t want 50 different state laws, but the federal government is not doing anything. Maybe if a few more states do something like this it will cause some action on the federal level.

“It’s pretty clear to me people don’t think companies or foreign countries should have your data without your consent,” West said.

Rep. Mark Lepak, R-Claremore, said the situation is “not as easy as it sounds” and predicted that the state will find it impossible to regulate data harvesting and that the public will pay higher prices for telecommunications services.

“I’m just telling you, legislation and regulation will never keep up with what we’re doing in a technical environment, and particularly this industry,” said Lepak, who worked in telecommunications for more than 35 years before retiring.

“I will submit we will see results we don’t like,” Lepak said. “We will see costs increase in ways we don’t understand.”

HB 1602 now goes to the Senate, where Walke said he expects changes. If so, it will have to win approval again in the House.

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