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Oklahoma Indigent Defense System – Privacy Policy – Personally Identifiable Information

Purpose

The purpose of this statement is to inform the users of the Oklahoma Indigent Defense System website OIDS.ok.gov about the agency’s use of personally identifiable information.   Title 74 O.S. § 3106.4 requires public bodies to make available on their websites information regarding administrative rules used by the agency to operate, proposed administrative rules submitted by the public body pursuant to the Administrative Procedures Act, statutes affecting the public body and its operations, statutes the public body may find useful in interacting with the public body, and a description of the public body’s collection and use of personally identifiable information.

Administrative Rules/Statutes Affecting the Oklahoma Indigent Defense System

The Oklahoma Indigent Defense System’s authority and responsibilities originate from Title 22 O.S. § 1355 (et seq.)  The Oklahoma Indigent Defense System is not a rulemaking, licensing, or regulatory authority.  The agency’s mandate is to provide services which are regulated under a variety of provisions such as the Oklahoma Purchasing Act (Title 75 O.S. § 85.1 (et seq.), the Oklahoma Travel Reimbursement Act (Title 75 O.S. § 480 (et seq.), the Oklahoma Rules of Professional Conduct (Title 5, Ch. 1, App. 3-A, Rules 1.1 (et seq.), and criminal procedure statutes from Title 22.  The agency has not submitted proposed administrative rules pursuant to the Administrative Procedures Act.

Useful Statutes

Visitors of this website who seek Oklahoma Indigent Defense System representation for themselves or others may find Title 22 O.S. § 1355A helpful.  This section is titled “Indigent Request for Representation.” This section describes the basic court-appointed attorney application process.  Paragraph D of this section states “If the defendant is admitted to bail and the defendant or another person on behalf of the defendant posts a bond, other than by personal recognizance, the court may consider such fact in determining the eligibility of the defendant for appointment of the System; provided, however, such consideration shall not be the sole factor in the determination of eligibility.” Applications for court-appointed counsel are also called “Pauper’s Affidavits.”  These applications are available at the Court Clerks’ offices in each county courthouse.  The standard form of the application for court-appointed counsel is Court of Criminal Appeals Form 13.3 and may be found online at https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73902 .

Collection and Use of Personally Identifiable Information

Personally identifiable data means information which can identify an individual including, but not limited to: name, birth date, place of birth, mother’s maiden name, biometric records, Social Security number, official state-or government-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number or any other information that is linked or linkable to an individual, such as medical, educational financial or employment information.

The Oklahoma Indigent Defense System is committed to data security and the data quality of personally identifiable information.  The agency has taken reasonable precautions to protect personally identifiable information from loss, misuse, or alteration. Any third parties responsible for this information are committed to the same principles and are required by contract to follow the same policies and guidelines as the state of Oklahoma in protecting this information.

Citizens are not asked to routinely provide personal information to visit Oklahoma websites or to download information. Government agencies may request personally identifiable information from you to provide requests for specialized services, but such information is handled as it would be in an in-person visit to a government office.

Email addresses obtained upon submittal of a request to the agency website will not be sold or given to private companies for marketing purposes. The information collected is subject to the access and confidentiality provisions of the Oklahoma Code and federal law. Email or other information requests sent to the agency website may be maintained to enable responses to questions regarding agency services or to forward requests to the appropriate respondents.

The Oklahoma Indigent Defense System, like all state of Oklahoma agencies, maintains personally identifiable information in the form of personnel records related to current and former agency employees.    The Oklahoma Indigent Defense System also maintains personally identifiable information pertaining to agency vendors.  This information includes financial and tax information that the agency utilizes to secure payment for vendor services.  The agency strictly complies with state and federal rules regarding employee privacy. The agency only shares necessary portions of employee information with state and federal agencies to ensure payroll and benefit processing, travel reimbursement, and taxable income reporting.

The agency also collects personally identifiable information in the practice of providing criminal defense representation to our clients.  Most of the information collected by the agency is provided through court filings and case-related information provided by prosecutors.  The agency collects additional data in support of client representation.  The personally identifiable information collected by the agency includes, but is not limited to, dates of birth, addresses, work histories, family histories, criminal records, and forms of information relevant to the provision of criminal defense services.

Personally identifiable information is stored in confidential client files.  Client files include physical (paper) files and electronic files.  The Oklahoma Indigent Defense System utilizes the eDefender case management system to maintain electronic client files. The Oklahoma Indigent Defense System uses secure servers managed by the Office of Management and Enterprise Services/Internet Services Division to store electronic data including personally identifiable information.  The Oklahoma Indigent Defense System only releases client-related personally identifiable information to the public in support of client representation in criminal defense litigation.  The Oklahoma Indigent Defense System strictly complies with the Rules of Professional Conduct for attorneys and their staff in protecting privileged information and attorney work product. (See Oklahoma Rules of Professional Conduct, Rules 1.4, 1.6, 1.7, 1.8, 1.9, 1.14, and 2.3) The Oklahoma Indigent Defense System does not sell nor share personally identifiable information with private entities.