SECTION 770:1-5-2. Exemptions from Act

  In addition to records specifically excluded under the Oklahoma Open Records Act, the following records are also exempt under federal rules and statutes:

(1)   Office copy of claims files of veterans or their dependents, maintained for the purpose of providing continuity and follow-up information to be used in developing the claim and for providing the claimant information at later dates are confidential. Statutory exemptions are as follows:

(A)   The Privacy Act of 1974 (PL 93-579)

(B)   Title 38, United States Code, Section 3301; 3302

(C)   Veterans Administration Regulations 500-527 - promulgated under the provisions of Title 38, United States Code, Section 3301 (f)

(D)   Letter of Accreditation from the Veterans Administration to Service Organizations and to individual service officer citing that service officer must observe the limitations imposed by Veterans Administration regulations.

(2)   Confidential records compose that part of the file which contains information obtained from the Veterans Administration, Social Security and Department of Defense files to include:

(A)   Separation/Discharge Papers

(B)   Medical Records

(C)   Monetary Award Letters - (amounts paid from public funds may be revealed)

(D)   Telegrams or letters from the War Department, Army, Navy, Air Force, Marine Corps, Red Cross as pertains to Prisoner of War or Missing Status. The statutory exemption is as follows:

(i)   The Privacy Act of 1974

(ii)   Veterans Administration Regulation 513.

(3)   Confidential records compose that part of the file which contains information obtained from the Veterans Administration, Social Security and Department of Defense files and includes:

(A)   Separation/Discharge Papers

(B)   Medical Records

(C)   Monetary Award Letters - (amounts paid from public funds may be revealed). The statutory exemption is as follows:

(i)   The Privacy Act of 1974

(ii)   Veterans Administration Regulation 513.

(4)   Medical and psychiatric record exemptions are addressed under State and Federal laws. Statutes prohibiting release of medical and psychiatric documents currently existing or legally adopted subsequent to these procedures shall apply. Additionally, veterans' medical records are covered specifically in The Privacy Act of 1974 and Veterans Administration Regulations

(5)   Certain records and information relating to competitive bidding, computer programs or software which may or may not be applicable in the future, which, if disclosed, would give an unfair advantage to competitors or bidders, may be kept confidential; however, agency employees will remain cognizant of their responsibility to comply with 51 §24A.10.

(6)   Information relating to library, archive, or museum materials donated to public bodies "to the extent of any limitations imposed as a condition of the donation or any information which would reveal the identity of an individual who lawfully makes a donation to or on behalf of a public body including, but not limited to, donations made through a foundation operated in compliance with Sections 5-145 and 4306 of Title 70 of the Oklahoma Statutes" [51 O.S. §24A.11(A)] may be kept confidential.

(7)   "Except for the fact that a communication has been received and that it is or is not a complaint, a public official may keep confidential personal communications received by the public official from a person exercising rights secured by the Constitution of the State of Oklahoma or the Constitution of the United States. The public official's written response to this personal communication may be kept confidential only to the extent necessary to protect the identity of the person exercising the right." [51 O.S. §24A. 14]

[Source: Amended at 30 Ok Reg 2120, eff 6-3-13 (emergency); Amended at 31 Ok Reg 2473, eff 9-12-14]