Oklahoma’s Data Breach Law Has Changed — What Businesses Need to Know Now

Oklahoma’s Data Breach Law Has Changed — What Businesses Need to Know Now

As of January 1, 2026, Oklahoma’s Security Breach Notification Act has undergone its most significant update since the law was first enacted in 2008. Through Senate Bill 626, the state expanded what qualifies as personal information, introduced a new requirement to notify the Oklahoma Attorney General about certain breaches, updated safe-harbor exemptions, and modified how penalties are applied — changes that align with broader data breach law trends seen in other states.

Under the amended statute, the definition of “personal information” now reaches beyond traditional categories like Social Security numbers and driver’s licenses. It explicitly includes unique electronic identifiers and routing codes used with security credentials that can access financial accounts, as well as unique biometric data such as fingerprints and retina or iris images. This expansion brings modern authentication credentials and biometric identifiers clearly within the scope of the law — meaning breaches involving these data types now trigger reporting obligations.

One of the most impactful changes is the requirement to notify the Oklahoma Attorney General in addition to affected individuals when a breach affects 500 or more state residents (or 1,000 or more in certain credit bureau breach scenarios). Covered entities must provide this notice no later than 60 days after notifying residents, and include key information such as the date of the breach, when it was discovered, the types of personal information involved, the number of affected residents, any estimated monetary impact, and the “reasonable safeguards” that were in place at the time of the incident.

“Reasonable safeguards” are defined by the statute as security measures appropriate to a covered entity’s size and data profile, such as conducting risk assessments, implementing layered technical and physical defenses, training employees on data handling, and maintaining a tested incident response plan. In addition to regulator notice, organizations must notify credit bureaus when a breach involves more than 1,000 individuals.

SB 626 also clarifies and expands the safe-harbor framework. Entities that are already compliant with federal or other state laws — like the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), or the Oklahoma Hospital Cybersecurity Protection Act — are now expressly treated as compliant with state breach notification requirements provided they also meet the new attorney general notice obligation.

The updated penalty structure under the law reflects a policy goal of encouraging strong security practices. Covered entities that implement reasonable safeguards and provide timely notice may avoid civil penalties entirely. If reasonable safeguards are absent but required notice is provided, the statute caps penalties at a lower level than before. Entities that fail to provide required notice at all remain subject to the full range of potential penalties.

What Your Business Should Do Now

Although SB 626 is now in effect, compliance doesn’t happen automatically. Oklahoma businesses should consider taking action now to:

• Review security practices to ensure they are aligned with the law’s expanded definition of personal information and that “reasonable safeguards” are documented;

• Update response plans to reflect Oklahoma’s specific notice thresholds and timelines for individual, regulatory, and credit bureau notifications; and

• Conduct breach simulations (e.g., tabletop exercises) to test readiness and identify gaps before a real event occurs.

Proactive planning can reduce risk, protect your reputation, and, where appropriate, help you qualify for affirmative defenses against civil penalties.

How Our Firm Can Help

Navigating evolving cybersecurity regulation can be complex. Our firm helps businesses interpret and integrate legal requirements like SB 626 into their policies and practices. We provide tailored support to:

• review and update breach notification and privacy policies;

• develop practical incident response plans and playbooks;

• assess and document security safeguards; and

• guide you through breach reporting if an incident occurs.

In an era where data breaches are a routine business threat, legal preparedness is not optional — it’s part of protecting your company’s value and customer trust. Contact us to discuss how we can help your business comply with Oklahoma’s updated breach notification law.