{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-40-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-40-102","heading":"Traffic collision resulting in injury or death or","body":"property damage exceeding certain amount - Reports - Confidentiality\n\n- Allowing examination or reproduction for commercial solicitation\n\nprohibited.\n\nA. 1. Every law enforcement officer who, in the regular course\n\nof duty, investigates or receives a report of a traffic collision\n\nresulting in injury to or death of a person or total property damage\n\nto an apparent extent of Five Hundred Dollars ($500.00) or more\n\nshall prepare a written report of the collision on the standard\n\ncollision report form supplied by the Department of Public Safety.\n\nThe reports shall be forwarded within thirty (30) days of the\n\ncollision or, if the collision results in the death of any person,\n\nthen within twenty (20) days of the death of the person, whichever\n\ntime period is lesser, by the law enforcement agency preparing the\n\nreport to the Department of Public Safety.\n\n2. Reports of collisions shall be kept confidential for a\n\nperiod of sixty (60) days after the date of the collision; provided,\n\nthe reports shall be made available as soon as practicable upon\n\nrequest to any:\n\na. party involved in the collision,\n\nb. legal representatives of a party involved in the\n\ncollision,\n\nc. state, county or city law enforcement agency,\n\nd. the Department of Transportation or any county or city\n\ntransportation or road and highway maintenance agency,\n\ne. licensed insurance agents of a party involved in the\n\ncollision,\n\nf. insurer of a party involved in the collision,\n\ng. insurer to which a party has applied for coverage,\n\nh. person under contract with an insurer, as described in\n\nsubparagraph e, f or g of this paragraph, to provide\n\nclaims or underwriting information,\n\ni. prosecutorial authority,\n\nj. newspaper as defined in Section 106 of Title 25 of the\n\nOklahoma Statutes,\n\nk. radio or television broadcaster,\n\nl. licensed private investigators employed by a party\n\ninvolved in the collision, or\n\nm. provider of health services to a party involved in the\n\ncollision.\n\n3. Any person who knowingly violates this section and obtains\n\nor provides information made confidential by this section is guilty\n\nof a misdemeanor and shall be fined no more than Two Thousand Five\n\nHundred Dollars ($2,500.00). Second and subsequent offenses shall\n\ncarry a penalty of imprisonment in the county jail for not more than\n\nthirty (30) days.\n\nB. 1. No public employee or officer shall allow a person to\n\nexamine or reproduce a collision report or any related investigation\n\nreport if examination or reproduction of the report is sought for\n\nthe purpose of making a commercial solicitation. Any person\n\nrequesting a collision report may be required to state, in writing,\n\nunder penalty of perjury, that the report will not be examined,\n\nreproduced or otherwise used for commercial solicitation purposes.\n\nIt shall be unlawful and constitute a misdemeanor for any person to\n\nobtain or use information from a collision report or a copy thereof\n\nfor the purpose of making a commercial solicitation.\n\n2. As used in this subsection:\n\na. \"commercial solicitation\" means any attempt to use, or\n\noffer for use, personal information contained in a\n\ncollision report to solicit any person named in the\n\nreport, or a relative of the person, or to solicit a\n\nprofessional, business, or commercial relationship\n\nthat is not pursuant to a request under paragraph 2 of\n\nsubsection A of this section. \"Commercial\n\nsolicitation\" does not include publication in a\n\nnewspaper, as defined in Section 106 of Title 25 of\n\nthe Oklahoma Statutes, or broadcast of information by\n\nnews media for news purposes, or obtaining information\n\nfor the purpose of verification or settlement of\n\nclaims by insurance companies, and\n\nb. \"collision report\" means any report regarding a motor\n\nvehicle collision which has been submitted by an\n\nindividual or investigating officer on a form\n\nprescribed or used by the Department of Public Safety\n\nor local police department.\nt of information by\n\nnews media for news purposes, or obtaining information\n\nfor the purpose of verification or settlement of\n\nclaims by insurance companies, and\n\nb. \"collision report\" means any report regarding a motor\n\nvehicle collision which has been submitted by an\n\nindividual or investigating officer on a form\n\nprescribed or used by the Department of Public Safety\n\nor local police department.\n\n3. Publication in a newspaper, as defined in Section 106 of\n\nTitle 25 of the Oklahoma Statutes, or broadcast by news media for\n\nnews purposes shall not constitute a resale or use of data for trade\n\nor commercial solicitation purposes. Because publication by a\n\nnewspaper, broadcast by news media for news purposes, or obtaining\n\ninformation for verification or settlement of claims by insurance\n\ncompanies is not a resale or use of data for commercial solicitation\n\npurposes, an affidavit shall not be required as a condition for\n\nallowing a member of a newspaper or broadcast news media, or\n\nallowing an agent, or business serving as an agent, to insurance\n\ncompanies, to examine or obtain a copy of a collision report. Any\n\nagent or business obtaining information for verification or\n\nsettlement of claims involving persons named in a report shall\n\nsecure an affidavit annually from each client stating the\n\ninformation provided to the client shall not be used for commercial\n\nsolicitation purposes under penalty of law.\n\n4. The Department and local police departments shall include\n\nthe following or a similar notice upon any copy of a collision\n\nreport furnished to others: \"Warning - State Law. Use of contents\n\nfor commercial solicitation is unlawful.\"\n\nC. As used in this section:\n\n1. \"Newspaper\" means a legal newspaper as defined in Section\n\n106 of Title 25 of the Oklahoma Statutes, provided that the primary\n\npurpose of the newspaper is not the publication of personally\n\nidentifying information concerning parties involved in the traffic\n\ncollision;\n\n2. \"Provider of health services\" means any person that provides\n\nhealth care services to the injured person under a license,\n\ncertification or registration issued pursuant to Title 59 of the\n\nOklahoma Statutes, or any hospital or related institution that\n\noffers or provides health care services under a license issued\n\npursuant to Section 1-702 et seq. of Title 63 of the Oklahoma\n\nStatutes; and\n\n3. \"Personal information\", as defined in Section 162 of Title\n\n24 of the Oklahoma Statutes, means the first name or first initial\n\nand last name in combination with and linked to any one or more of\n\nthe following data elements that relate to a resident of this state,\n\nwhen the data elements are neither encrypted nor redacted:\n\na. social security number,\n\nb. driver license number or state identification card\n\nnumber issued in lieu of a driver license, or\n\nc. financial account number or credit or debit card\n\nnumber in combination with any required security code,\n\naccess code or password that would permit access to\n\nthe financial accounts of a resident.\n\nPersonal information does not include information that is\n\nlawfully obtained from publicly available information or from\n\nfederal, state or local government records lawfully made available\n\nto the general public.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c8a0055b23aa37a6486396e32794bddfc166497ca0006c23fe97114cdb117e5b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-40-101","next":"us-ok/okla.-stat.-tit.-47-47-40-105"},"notice":"GroundRules: Original legal text. Not legal advice."}