LRBs0020/2
RJM:kmg:lp
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 46
March 18, 1999 - Offered by
Committee on Privacy, Electronic Commerce and
Financial Institutions.
SB46-SSA1,1,2
1An Act to create 895.505 of the statutes;
relating to: disposal of documents
2containing personal information.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB46-SSA1,1,5
4895.505 Disposal of records containing personal information. (1) 5Definitions. In this section:
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(a) "Credit card" has the meaning given in s. 421.301 (15).
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(b) "Financial institution" means any bank, savings bank, savings and loan
8association or credit union that is authorized to do business under state or federal
9laws relating to financial institutions, any issuer of a credit card or any investment
10company.
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(c) "Investment company" has the meaning given in s. 180.0103 (11e).
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1(d) "Medical business" means any organization or enterprise operated for profit
2or not for profit, including a sole proprietorship, partnership, firm, business trust,
3joint venture, syndicate, corporation, limited liability company or association, that
4possesses information, other than personnel records, relating to a person's physical
5or mental health, medical history or medical treatment.
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(e) "Personal information" means any of the following:
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1. Personally identifiable data about an individual's medical condition, if the
8data is not generally considered to be public knowledge.
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2. Personally identifiable data that contains an individual's account or
10customer number, account balance, balance owing, credit balance or credit limit, if
11the data relates to an individual's account or transaction with a financial institution.
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3. Personally identifiable data provided by an individual to a financial
13institution upon opening an account or applying for a loan or credit.
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4. Personally identifiable data about an individual's insurance, if the insurance
15is related to a transaction with a financial institution.
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5. Personally identifiable data about an individual's federal, state or local tax
17filings.
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(f) "Personally identifiable" means capable of being associated with a particular
19individual through one or more identifiers or other information or circumstances.
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(g) "Record" means any material on which written, drawn, printed, spoken,
21visual or electromagnetic information is recorded or preserved, regardless of
22physical form or characteristics.
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(h) "Tax preparation business" means any organization or enterprise operated
24for profit, including a sole proprietorship, partnership, firm, business trust, joint
25venture, syndicate, corporation, limited liability company or association, that
1prepares a person's federal, state or local tax filings or counsels a person regarding
2the person's federal, state or local tax filings.
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3(2) Disposal of records containing personal information. A financial
4institution, medical business or tax preparation business may not dispose of a record
5containing personal information unless the financial institution, medical business,
6tax preparation business or other person under contract with the financial
7institution, medical business or tax preparation business does any of the following:
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(a) Shreds the record before the disposal of the record.
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(b) Erases the personal information contained in the record before the disposal
10of the record.
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(c) Modifies the record to make the personal information unreadable before the
12disposal of the record.
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(d) Takes actions that it reasonably believes will ensure that no unauthorized
14person will have access to the personal information contained in the record for the
15period between the record's disposal and the record's destruction.
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16(3) Cause of action. A financial institution, medical business or tax
17preparation business is liable to a person whose personal information is improperly
18disposed of in violation of sub. (2) for the amount of damages resulting from the
19violation and for reasonable attorney fees.
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(1)
This act takes effect on the first day of the 4th month beginning after
22publication.
