§27A-1-4-118. Privilege in criminal proceedings – Review of privileged information required under state or federal law.

27A OK Stat § 27A-1-4-118 (2019) (N/A)

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A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by Section 5 of this act is not waived or eliminated for any other purpose.

B. Notwithstanding the privilege established by Section 5 of this act, a regulatory agency may review information that is required to be available under a specific state or federal law, but that review does not waive or eliminate the administrative or civil evidentiary privilege if applicable.

C. If information is required to be available to the public by operation of a specific state or federal law, the governmental authority shall notify the person claiming the privilege of the potential for public disclosure before obtaining the information under subsection A or B of this section.

D. If privileged information is disclosed under subsection B or C of this section on the motion of a party, a court or the appropriate administrative official shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review, disclosure or use of information obtained under this section unless the review, disclosure or use is authorized under Section 8 of this act. A party having received information under subsection B or C of this section has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.

Added by Laws 2019, c. 229, § 9, eff. Nov. 1, 2019.

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