LRBb1927/1
JTK/RM/DK/PK/RN/ML/PD/RK/MK:cjs:jf
2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 125,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 29, 2001 - Offered by Representative Schneider.
SB55-ASA1-AA125,1,4
413.0991 Privacy impact statements. (1) In this section:
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(a) "Authority" means a body created under ch. 231, 232, 233, 234, 235, or 237.
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(b) "Impact upon personal privacy" means that a bill would do one or more of
7the following:
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1. Provide for the creation of additional personally identifiable information
9that is not readily available to the public at the time the bill is introduced.
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2. Create an activity that would constitute an intrusion upon the privacy of an
11individual, or alter an activity in such a way as to create such an intrusion.
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13. Use the name, picture, or likeness of an individual without the consent of the
2individual, or the consent of the individual's parent or guardian if the individual is
3a minor.
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4. Permit or cause publicity to be given to the private life of an individual.
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(c) "Personally identifiable information" has the meaning given under s. 19.62
6(5).
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(d) "State agency" means an office, department, independent agency,
8institution of higher education, association, society, or other body in state
9government created or authorized to be created by the constitution or any law, which
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, but not including an authority.
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12(2) (a) Whenever a bill is introduced in either house of the legislature that
13would have an impact upon personal privacy, the legislative reference bureau shall
14promptly transmit a copy of the bill to the department of administration.
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(b) Either house of the legislature may, under rules of that house or joint rules
16of the legislature, request the department of administration to order the preparation
17of a privacy impact statement with respect to any bill before that house, either in its
18original form or as affected by one or more amendments. If a house so requests, the
19chief clerk of that house shall thereupon transmit a copy of that bill and any affected
20amendments to the department of administration.
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21(3) Upon receipt of a bill under sub. (2), the department of administration shall
22direct one or more state agencies or authorities to prepare a privacy impact
23statement with respect to that bill. Each privacy impact statement shall describe the
24impact upon personal privacy that would result from enactment of the bill and
25analyze the desirability of that impact from the standpoint of public policy.
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1(4) Each state agency or authority receiving a bill under sub. (3) shall provide
2the statement required under sub. (3) to the department of administration within 15
3days after the department's directive.
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4(5) Upon receiving a privacy impact statement under sub. (4), the department
5of administration shall provide one copy to the legislative reference bureau, one copy
6to the principal author of the bill, and one copy to the chief clerk of the house of the
7legislature in which the bill originated. The chief clerk shall thereupon distribute
8the statement in the same manner as amendments to the bill are distributed.
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9(6) Whenever a bill requires preparation of a privacy impact statement under
10this section, the legislative reference bureau shall include a notation to that effect
11on the jacket of the bill when the jacket is prepared. If the preparation of a privacy
12impact statement is requested by a house of the legislature, the chief clerk of that
13house shall include a notation to that effect on the jacket of the bill.
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14(7) Whenever a privacy impact statement is required or requested for any bill
15under this section, a standing committee to which the bill is referred may not hold
16a public hearing on the bill or report the bill until the statement is received by the
17chief clerk of the house in which the bill originated.".
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19.36
(10) Social security account numbers. (a) Except as provided in par.
21(b), if a new record containing a social security account number of an individual,
22together with information revealing the identity of that individual, is kept by an
23authority after December 31, 2002, or if a record in the custody of an authority is
24modified to insert the social security account number of an individual after December
131, 2002, and the record contains information revealing the identity of that
2individual, the authority shall delete the social security account number before
3permitting access to the record, unless the requester is specifically authorized by
4federal or state law to have access to the social security account number.
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(b) Unless otherwise provided by federal or state law, including common law
6principles, a requester may have access to a record containing the social security
7account number of an individual if any of the following applies:
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1. The requester is an individual and the record pertains to that requester
9alone, to the marital or parental rights or responsibilities of that requester and his
10or her spouse or former spouse, to property of that requester held jointly or in
11common tenancy with one or more other individuals, or to a civil legal action or
12proceeding in which the requester is a specifically named party, and the requester
13provides appropriate identification to the custodian.
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2. The requester is an authorized representative of an insurer or an
15organization that performs investigations for insurers and the social security
16account number is relevant to an investigation of suspected, anticipated, or actual
17insurance fraud.
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19.37
(4) (b) If any person misrepresents his or her identity for the purpose of
21obtaining access to the social security account number of another individual under
22s. 19.36 (10) (b) 1., the person may be required to forfeit not more than $1,000 for each
23social security account number obtained by the person by means of such
24misrepresentation.
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1(c) If an insurer or other person obtains a social security account number under
2s. 19.36 (10) (b) 2. and uses that number for purposes other than an investigation as
3provided in s. 19.36 (10) (b) 2., the person may be required to forfeit not more than
4$1,000 for each social security account number used by the person for such
5unauthorized purposes.".
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7"
Section 1349rm. 36.11 (35) (title) of the statutes is renumbered 36.32 (title).
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36.32
(2) The board An institution of higher education may assign to each
11student enrolled in the
system institution a unique identification number.
The board 12An institution of higher education shall not assign to any student an identification
13number that is identical to or incorporates the student's social security number. This
14subsection does not prohibit
the board an institution of higher education from
15requiring a student to disclose his or her social security number, nor from using a
16student's social security number if such use is required by a federal or state agency
17or private organization in order for the system or the student to participate in a
18particular program.".
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36.32
(1) In this section, "institution of higher education" means an institution
22within the system, or a private educational institution located in this state that
23awards a bachelor's or higher degree or provides a program that is acceptable toward
24such a degree.
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236.38 Policy on privacy in athletic locker rooms. Each institution and
3college campus shall adopt a written policy on who may enter and remain, to
4interview or seek information from any person, in a locker room being used by an
5athletic team representing the institution or college campus. The policy shall reflect
6the privacy interests of members of athletic teams representing the institution or
7college campus.".
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38.12
(12) Policy on privacy in athletic locker rooms. The district board shall
11adopt a written policy on who may enter and remain, to interview or seek information
12from any person, in a locker room being used by an athletic team representing the
13district. The policy shall reflect the privacy interests of members of athletic teams
14representing the district.".
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1739.50 Policy on privacy in athletic locker rooms. (1) In this section,
18"institution of higher education" means a private educational institution that
19awards a bachelor's or higher degree or provides a program that is acceptable for
20credit toward such a degree, and that fields an athletic team that represents the
21institution.
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22(2) Each institution of higher education shall adopt a written policy on who
23may enter and remain, to interview or seek information from any person, in a locker
24room being used by an athletic team representing the institution. The policy shall
1reflect the privacy interests of members of athletic teams representing the
2institution.".
