LRB-1551/3
GMM:eev:jm
2013 - 2014 LEGISLATURE
May 24, 2013 - Introduced by Representatives Sargent, Bies, Barca, Barnes,
Berceau, Bernard Schaber, Bewley, Billings, Clark, Danou, Doyle,
Genrich, Goyke, Hebl, Hesselbein, Hintz, Hulsey, Johnson, Jorgensen,
Kahl, Kessler, Kolste, Mason, Milroy, Ohnstad, A. Ott, Pasch, Pope,
Richards, Riemer, Ringhand, Sinicki, Smith, C. Taylor, Vruwink, Wachs,
Wright, Young, Zamarripa, Zepnick, Bernier and Jagler, cosponsored by
Senators Grothman, Lehman, Lasee, Erpenbach, Hansen, Harris, C. Larson,
Miller, Risser and L. Taylor. Referred to Committee on Government
Operations and State Licensing.
AB218,1,7 1An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 106.54
2(10), 111.91 (2) (im) and 995.55 of the statutes; relating to: employer access to,
3and observation of, the personal Internet accounts of employees and applicants
4for employment; educational institution access to, and observation of, the
5personal Internet accounts of students and prospective students; landlord
6access to, and observation of, the personal Internet accounts of tenants and
7prospective tenants; and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law does not regulate employer access to, or observation of, the
personal Internet accounts of employees and applicants for employment, or
educational institution access to, or observation of, the personal Internet accounts
of students and prospective students, or landlord access to, or observation of, the
personal Internet accounts of tenants and prospective tenants.
This bill prohibits an employer, educational institution, or landlord from: 1)
requesting an employee, applicant for employment, student, prospective student,
tenant, or prospective tenant to grant access to, allow observation of, or disclose
information that allows access to or observation of the personal Internet account of
the employee, applicant, student, prospective student, tenant, or prospective tenant;
and 2) discharging, expelling, suspending, disciplining, or otherwise penalizing or

discriminating against any person for exercising the right to refuse such a a request,
opposing such a a practice, filing a complaint or attempting to enforce that right, or
testifying or assisting in any action or proceeding to enforce that right.
The bill, however, permits an employer, educational institution, or landlord to
view, access, or use information about an employee, applicant for employment,
student, prospective student, tenant, or prospective tenant that can be obtained
without access information or that is available from the public domain.
The bill also permits an employer or educational institution to request or
require an employee or student to disclose access information to the employer or
educational institution in order for the employer or educational institution to gain
access to or operate an electronic communications device paid for in whole or in part
by the employer or educational institution or to gain access to an account or service
that is provided by the employer or educational institution, that the employee or
student obtained by virtue of the employment relationship or admission to the
educational institution, or that is used for business or educational purposes.
The bill, in addition, permits an employer to do any of the following:
1. Discharge or discipline an employee for transferring the employer's
proprietary or confidential information or financial data to the employee's personal
Internet account without the employer's authorization.
2. Conduct an investigation or require an employee to cooperate in an
investigation of any alleged unauthorized transfer of the employer's proprietary or
confidential information or financial data to the employee's personal Internet
account or of any other alleged employment-related misconduct or violation of the
law.
3. Restrict or prohibit an employee's access to certain Internet sites while using
an electronic communications device paid for in whole or in part by the employer or
while using the employer's network or other resources.
4. Monitor, review, or access electronic data that is stored on an electronic
communications device paid for in whole or in part by the employer or electronic data
that is traveling through or stored on the employer's network.
5. Comply with a duty to screen applicants for employment prior to hiring that
is established under state or federal law or by a self-regulatory organization, as
defined under the federal Securities and Exchange Act of 1934 (self-regulatory
organization).
6. Requesting or requiring an employee to disclose the employee's personal
electronic mail address.
In addition, with respect to an employer, the bill provides that the prohibition
created under the bill does not apply to a personal Internet account or an electronic
communications device of an employee engaged in providing financial services who
uses the account or device to conduct the business of an employer that is subject to
the content, supervision, and retention requirements imposed by federal securities
laws and regulations or by a self-regulatory organization.
Finally, the bill provides that an employer, educational institution, or landlord
does not have a duty to search or monitor the activity of any personal Internet
account and that an employer, educational institution, or landlord is not liable for

any failure to request or require access to or observation of a personal Internet
account of an employee, applicant for employment, student, prospective student,
tenant, or prospective tenant.
For purposes of the bill: 1) "access information" means a user name and
password, login information, or any other security information that protects access
to a personal Internet account; 2) "educational institution" means an institution of
higher education, a technical college, a proprietary school, a public school, a charter
school, a private school, or a private educational testing service or administrator; 3)
"employer" includes the state; and 4) "personal Internet account" means an account
created and used exclusively for personal purposes within a bounded system
established by an Internet-based service that requires a user to input or store access
information via an electronic device in order to view, create, use, or edit the user's
account information, profile, display, communications, or stored data.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB218, s. 1 1Section 1. 106.54 (10) of the statutes is created to read:
AB218,3,42 106.54 (10) (a) The division shall receive complaints under s. 995.55 (6) (b) and
3shall process the complaints in the same manner as employment discrimination
4complaints are processed under s. 111.39.
AB218,3,75 (b) The division shall receive complaints under s. 995.55 (6) (c) and shall
6process the complaints in the same manner as housing discrimination complaints
7are processed under s. 106.50.
AB218, s. 2 8Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB218,3,129 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
10right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
11104.12, 106.04, 109.03, 109.07, 109.075, or 146.997, 995.55, or ss. 101.58 to 101.599
12or 103.64 to 103.82.
AB218, s. 3 13Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB218,4,4
1111.322 (2m) (b) The individual testifies or assists in any action or proceeding
2held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
3103.34, 103.455, 103.50, 104.12, 106.04, 109.03, 109.07, 109.075, or 146.997, 995.55,
4or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB218, s. 4 5Section 4. 111.91 (2) (im) of the statutes is created to read:
AB218,4,86 111.91 (2) (im) Employer access to the social networking Internet site of an
7employee that provides fewer rights and remedies to employees than are provided
8under s. 995.55.
AB218, s. 5 9Section 5. 995.55 of the statutes is created to read:
AB218,4,10 10995.55 Internet privacy protection. (1) Definitions. In this section:
AB218,4,1211 (a) "Access information" means a user name and password, login information,
12or any other security information that protects access to a personal Internet account.
AB218,4,1713 (b) "Educational institution" means an institution of higher education, as
14defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as
15defined in s. 38.50 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter
16school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or
17a private educational testing service or administrator.
AB218,4,2318 (c) "Employer" means any person engaging in any activity, enterprise, or
19business employing at least one individual. "Employer" includes the state, its
20political subdivisions, and any office, department, independent agency, authority,
21institution, association, society, or other body in state or local government created or
22authorized to be created by the constitution or any law, including the legislature and
23the courts.
AB218,5,324 (d) "Personal Internet account" means an account created and used exclusively
25for personal purposes within a bounded system established by an Internet-based

1service that requires a user to input or store access information via an electronic
2device in order to view, create, use, or edit the user's account information, profile,
3display, communications, or stored data.
AB218,5,5 4(2) Restrictions on employer access to personal Internet accounts. (a)
5Except as provided in pars. (b) and (c), no employer may do any of the following:
AB218,5,86 1. Request an employee or applicant for employment to grant access to, allow
7observation of, or disclose information that allows access to or observation of the
8personal Internet account of the employee or applicant.
AB218,5,129 2. Discharge or otherwise discriminate against any person for exercising the
10right to refuse a request under subd. 1., opposing a practice prohibited under subd.
111., filing a complaint or attempting to enforce any right under subd. 1., or testifying
12or assisting in any action or proceeding to enforce any right under subd. 1.
AB218,5,1313 (b) Paragraph (a) does not prohibit an employer from doing any of the following:
AB218,5,1914 1. Requesting or requiring an employee to disclose access information to the
15employer in order for the employer to gain access to or operate an electronic
16communications device paid for in whole or in part by the employer or to gain access
17to an account or service that is provided by the employer, that the employee obtained
18by virtue of the employee's employment relationship with the employer, or that is
19used for the employer's business purposes.
AB218,5,2220 2. Discharging or disciplining an employee for transferring the employer's
21proprietary or confidential information or financial data to the employee's personal
22Internet account without the employer's authorization.
AB218,6,523 3. Conducting an investigation or requiring an employee to cooperate in an
24investigation of any alleged unauthorized transfer of the employer's proprietary or
25confidential information or financial data to the employee's personal Internet

1account, if the employer has reasonable cause to believe that such a transfer has
2occurred, or of any other alleged employment-related misconduct or violation of the
3law, if the employer has reasonable cause to believe that activity on the employee's
4personal Internet account relating to that misconduct or violation of the law has
5occurred.
AB218,6,86 4. Restricting or prohibiting an employee's access to certain Internet sites while
7using an electronic communications device paid for in whole or in part by the
8employer or while using the employer's network or other resources.
AB218,6,119 5. Monitoring, reviewing, or accessing electronic data that is stored on an
10electronic communications device paid for in whole or in part by the employer or
11electronic data that is traveling through or stored on the employer's network.
AB218,6,1412 6. Complying with a duty to screen applicants for employment prior to hiring
13that is established under state or federal law or by a self-regulatory organization,
14as defined in 15 USC 78c (a) (26).
AB218,6,1715 7. Viewing, accessing, or using information about an employee or applicant for
16employment that can be obtained without access information or that is available in
17the public domain.
AB218,6,1918 8. Requesting or requiring an employee to disclose the employee's personal
19electronic mail address.
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