{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-1-4-115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-1-4-115","heading":"Waiver of privilege – Unauthorized disclosure -","body":"Liability.\n\nA. The privilege described by Section 5 of this act does not\n\napply to the extent the privilege is expressly waived by the owner\n\nor operator who prepared the audit report or caused the report to be\n\nprepared.\n\nB. Disclosure of an audit report or any information generated\n\nby an environmental or health and safety audit does not waive the\n\nprivilege established by Section 5 of this act if the disclosure:\n\n1. Is made to address or correct a matter raised by the\n\nenvironmental or health and safety audit and is made only to:\n\na. a person employed by the owner or operator, including\n\ntemporary and contract employees,\n\nb. a legal representative of the owner or operator,\n\nc. an officer or director of the regulated facility or\n\noperation or a partner of the owner or operator,\n\nd. an independent contractor retained by the owner or\n\noperator,\n\ne. a person considering the acquisition of the regulated\n\nfacility or operation that is the subject of the\n\naudit, or\n\nf. an employee, temporary employee, contract employee,\n\nlegal representative, officer, director, partner or\n\nindependent contractor of a person described in\n\nsubparagraph e of this paragraph;\n\n2. Is made under the terms of a confidentiality agreement\n\nbetween the person for whom the audit report was prepared or the\n\nowner or operator of the audited facility or operation and:\n\na. a partner or potential partner of the owner or\n\noperator of the facility or operation,\n\nb. a transferee or potential transferee of the facility\n\nor operation,\n\nc. a lender or potential lender for the facility or\n\noperation,\n\nd. a governmental official of a state agency, or\n\ne. a person engaged in the business of insuring,\n\nunderwriting or indemnifying the facility or\n\noperation; or\n\n3. Is made under a claim of confidentiality to a governmental\n\nofficial or agency by the person for whom the audit report was\n\nprepared or by the owner or operator.\n\nC. A party to a confidentiality agreement described in\n\nparagraph 2 of subsection B of this section who violates that\n\nagreement is liable for damages caused by the disclosure and for any\n\nother penalties stipulated in the confidentiality agreement.\n\nD. Information that is disclosed under paragraph 3 of\n\nsubsection B of this section is confidential and is not subject to\n\ndisclosure under Section 24A.1 et seq. of Title 51 of the Oklahoma\n\nStatutes. A public entity, public employee or public official who\n\ndiscloses information in violation of this subsection is subject to\n\npenalty. It is an affirmative defense to the clerical dissemination\n\nof a privileged audit report that the report was not clearly labeled\n\n\"COMPLIANCE REPORT: PRIVILEGED DOCUMENT\" or words of similar\n\nimport. The lack of labeling may not be raised as a defense if the\n\nentity, employee or official knew or had reason to know that the\n\ndocument was a privileged audit report.\n\nE. This section may not be construed to circumvent the\n\nprotections provided by federal or state law for individuals who\n\ndisclose information to law enforcement authorities.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fb954c4694d3433fcf385245ee934d3976a0ba04816c5ba10a0f5ea988c63986","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-1-4-114","next":"us-ok/okla.-stat.-tit.-27a-27a-1-4-116"},"notice":"GroundRules: Original legal text. Not legal advice."}