995.50 Annotation
While the Open Records Law and this statute are related laws, they are only related in that a finding under the Open Records Law that a record should be made public would necessarily mean that "the information was available to the public as a matter of public record." This is true because both statutes apply the same common-law balancing test when determining whether a record is public. When a trial court found only that the procedures delineated in the Open Records Law were not followed, those procedures had no impact on the question of whether a record is public under this section; the procedures are merely procedural, not substantive. Hutchins v. Clarke,
661 F.3d 947 (2011).
995.50 Annotation
A person's religious affiliation, standing alone, is not so private that publication would offend a reasonable person and constitute an invasion of privacy under sub. (2) (c). Briggs & Stratton Corp. v. National Catholic Reporter Publishing Co.
978 F. Supp 1195 (1997).
995.50 Annotation
The exclusivity provision of the Workers Compensation Act does not bar a claim for invasion of privacy under this section. Marino v. Arandell Corp.
1 F. Supp. 2d 947 (1998).
995.50 Annotation
In drafting this section, the legislature used New York's privacy statute as a model. The text of sub. (2) (b) duplicates nearly verbatim New York law. Case law under the New York privacy statute may be particularly useful. Bogie v. Rosenberg,
705 F.3d 603 (2013).
995.50 Annotation
A claim under sub. (2) (a) must show that the alleged intrusion into privacy would be highly offensive to a reasonable person. The question of what kinds of conduct will be regarded as a highly offensive intrusion is largely a matter of social conventions and expectations. The offensiveness of the intrusion itself cannot be based on the content or substance captured by virtue of the alleged intrusion. The fact that the plaintiff was embarrassed to be filmed saying something she regretted having said and later deemed offensive did not convert the filming itself into a highly offensive intrusion. Bogie v. Rosenberg,
705 F.3d 603 (2013).
995.50 Annotation
Where a matter of legitimate public interest is concerned, no cause of action for invasion of privacy will lie. This newsworthiness or public interest exception should be construed broadly, covering not only descriptions of actual events, but also articles concerning political happenings, social trends, or any subject of public interest. Wisconsin courts have also incorporated the common law exception for incidental use into the statute. Bogie v. Rosenberg,
705 F.3d 603 (2013).
995.50 Annotation
Court documents are matters of public interest. It follows that if court documents warrant the public interest exception, Internet search providers and indexes that lead the public to those documents or that capture key terms related to them are likewise entitled to that exception. To the extent that a search provider's profit motives undermine the reliance on the public interest argument, the exception applies even when the entities sharing the information do so largely, and even primarily, to make a profit. Stayart v. Google Incorporated,
710 F.3d 719 (2013).
995.50 Annotation
The absence of false light from the Wisconsin privacy statute. 66 MLR 99 (1982).
995.50 Annotation
The tort of misappropriation of name or likeness under Wisconsin's new privacy law. Endejan, 1978 WLR 1029.
995.50 Annotation
The Case for Reexamining Privacy Law in Wisconsin: Why Wisconsin Courts Should Adopt the Interpretation of the Tort of Intrusion upon Seclusion of Fisher v. Mount Olive Lutheran Church. Infield-Harm. 2004 WLR 1781.
995.50 Annotation
The Scope of Wisconsin's Privacy Statute. Backer. Wis. Law. Sept. 2003.
995.50 Annotation
Employer Liability for Employment References. Mac Kelly. Wis. Law. May 2008.
995.55
995.55
Internet privacy protection. 995.55(1)(a)
(a) "Access information" means a user name and password or any other security information that protects access to a personal Internet account.
995.55(1)(b)
(b) "Educational institution" means an institution of higher education, as defined in
s. 108.02 (18); a technical college established under
s. 38.02; a school, as defined in
s. 38.50 (11) (a) 2.; a public school, as described in
s. 115.01 (1); a charter school, as defined in
s. 115.001 (1); a private school, as defined in
s. 115.001 (3r); or a private educational testing service or administrator.
995.55(1)(c)
(c) "Employer" means any person engaging in any activity, enterprise, or business employing at least one individual. "Employer" includes the state, its political subdivisions, and any office, department, independent agency, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
995.55(1)(d)
(d) "Personal Internet account" means an Internet-based account that is created and used by an individual exclusively for purposes of personal communications.
995.55(2)
(2) Restrictions on employer access to personal Internet accounts. 995.55(2)(a)1.
1. Request or require an employee or applicant for employment, as a condition of employment, to disclose access information for the personal Internet account of the employee or applicant or to otherwise grant access to or allow observation of that account.
995.55(2)(a)2.
2. Discharge or otherwise discriminate against an employee for exercising the right under
subd. 1. to refuse to disclose access information for, grant access to, or allow observation of the employee's personal Internet account, opposing a practice prohibited under
subd. 1., filing a complaint or attempting to enforce any right under
subd. 1., or testifying or assisting in any action or proceeding to enforce any right under
subd. 1.
995.55(2)(a)3.
3. Refuse to hire an applicant for employment because the applicant refused to disclose access information for, grant access to, or allow observation of the applicant's personal Internet account.
995.55(2)(b)
(b) Paragraph (a) does not prohibit an employer from doing any of the following:
995.55(2)(b)1.
1. Requesting or requiring an employee to disclose access information to the employer in order for the employer to gain access to or operate an electronic communications device supplied or paid for in whole or in part by the employer or in order for the employer to gain access to an account or service provided by the employer, obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes.
995.55(2)(b)2.
2. Discharging or disciplining 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.
995.55(2)(b)3.
3. Subject to this subdivision, conducting an investigation or requiring 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, if the employer has reasonable cause to believe that such a transfer has occurred, or of any other alleged employment-related misconduct, violation of the law, or violation of the employer's work rules as specified in an employee handbook, if the employer has reasonable cause to believe that activity on the employee's personal Internet account relating to that misconduct or violation has occurred. In conducting an investigation or requiring an employee to cooperate in an investigation under this subdivision, an employer may require an employee to grant access to or allow observation of the employee's personal Internet account, but may not require the employee to disclose access information for that account.
995.55(2)(b)4.
4. Restricting or prohibiting an employee's access to certain Internet sites while using an electronic communications device supplied or paid for in whole or in part by the employer or while using the employer's network or other resources.
995.55(2)(b)5.
5. Complying with a duty to screen applicants for employment prior to hiring or a duty to monitor or retain employee communications that is established under state or federal laws, rules, or regulations or the rules of a self-regulatory organization, as defined in
15 USC 78c (a) (26).
995.55(2)(b)6.
6. Viewing, accessing, or using information about an employee or applicant for employment that can be obtained without access information or that is available in the public domain.
995.55(2)(b)7.
7. Requesting or requiring an employee to disclose the employee's personal electronic mail address.
995.55(2)(c)
(c) Paragraph (a) 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 the rules of a self-regulatory organization, as defined in
15 USC 78c (a) (26).
995.55(2)(d)
(d) An employer that inadvertently obtains access information for an employee's personal Internet account through the use of an electronic device or program that monitors the employer's network or through an electronic communications device supplied or paid for in whole or in part by the employer is not liable under
par. (a) for possessing that access information so long as the employer does not use that access information to access the employee's personal Internet account.
995.55(3)
(3) Restrictions on educational institution access to personal Internet accounts. 995.55(3)(a)(a) Except as provided in
par. (b), no educational institution may do any of the following:
995.55(3)(a)1.
1. Request or require a student or prospective student, as a condition of admission or enrollment, to disclose access information for the personal Internet account of the student or prospective student or to otherwise grant access to or allow observation of that account.
995.55(3)(a)2.
2. Expel, suspend, discipline, or otherwise penalize any student for exercising the right under
subd. 1. to refuse to disclose access information for, grant access to, or allow observation of the student's personal Internet account, opposing a practice prohibited under
subd. 1., filing a complaint or attempting to enforce any right under
subd. 1., or testifying or assisting in any action or proceeding to enforce any right under
subd. 1.
995.55(3)(a)3.
3. Refuse to admit a prospective student because the prospective student refused to disclose access information for, grant access to, or allow observation of the prospective student's personal Internet account.
995.55(3)(b)
(b) Paragraph (a) does not prohibit an educational institution from doing any of the following:
995.55(3)(b)1.
1. Requesting or requiring a student to disclose access information to the educational institution in order for the institution to gain access to or operate an electronic communications device supplied or paid for in whole or in part by the institution or in order for the educational institution to gain access to an account or service provided by the institution, obtained by virtue of the student's admission to the educational institution, or used for educational purposes.
995.55(3)(b)2.
2. Viewing, accessing, or using information about a student or prospective student that can be obtained without access information or that is available in the public domain.
995.55(4)
(4) Restrictions on landlord access to personal Internet accounts. 995.55(4)(a)(a) Except as provided in
par. (b), no landlord may do any of the following:
995.55(4)(a)1.
1. Request or require a tenant or prospective tenant, as a condition of tenancy, to disclose access information for the personal Internet account of the tenant or prospective tenant or to otherwise grant access to or allow observation of that account.
995.55(4)(a)2.
2. Discriminate in a manner described in
s. 106.50 (2) against a tenant or prospective tenant for exercising the right under
subd. 1. to refuse to disclose access information for, grant access to, or allow observation of the personal Internet account of the tenant or prospective tenant, opposing a practice prohibited under
subd. 1., filing a complaint or attempting to enforce any right under
subd. 1., or testifying or assisting in any action or proceeding to enforce any right under
subd. 1.
995.55(4)(b)
(b) Paragraph (a) does not prohibit a landlord from viewing, accessing, or using information about a tenant or prospective tenant that can be obtained without access information or that is available in the public domain.
995.55(5)(a)(a) Nothing in this section creates a duty for an employer, educational institution, or landlord to search or monitor the activity of any personal Internet account.
995.55(5)(b)
(b) An employer, educational institution, or landlord is not liable under this section for any failure to request or require that an employee, applicant for employment, student, prospective student, tenant, or prospective tenant grant access to, allow observation of, or disclose information that allows access to or observation of a personal Internet account of the employee, applicant for employment, student, prospective student, tenant, or prospective tenant.
995.55(6)(b)
(b) An employee who is discharged or otherwise discriminated against in violation of
sub. (2) (a) 2., an applicant for employment who is not hired in violation of
sub. (2) (a) 3., a student who is expelled, suspended, disciplined, or otherwise penalized in violation of
sub. (3) (a) 2., or a prospective student who is not admitted in violation of
sub. (3) (a) 3., may file a complaint with the department of workforce development, and that department shall process the complaint in the same manner as employment discrimination complaints are processed under
s. 111.39. If the department of workforce development finds that a violation of
sub. (2) (a) 2. or
3. or
(3) (a) 2. or
3. has been committed, that department may order the employer or educational institution to take such action authorized under
s. 111.39 as will remedy the violation.
Section 111.322 (2m) applies to a discharge or other discriminatory act arising in connection with any proceeding under this paragraph.
995.55(6)(c)
(c) A tenant or prospective tenant who is discriminated against in violation of
sub. (4) (a) 2. may file a complaint with the department of workforce development, and that department shall process the complaint in the same manner as housing discrimination complaints are processed under
s. 106.50. If the department of workforce development finds that a violation of
sub. (4) (a) 2. has been committed, that department may order the landlord to take such action authorized under
s. 106.50 as will remedy the violation.
995.55 History
History: 2013 a. 208.
995.55 Annotation
Social Media: Locking the Door to Private Information. Dill. Wis. Law. July/Aug. 2014.
995.67
995.67
Domestic abuse services; prohibited disclosures. 995.67(1)(b)
(b) "Domestic abuse services organization" means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:
995.67(1)(c)
(c) "Service recipient" means any person who receives or has received domestic abuse services from a domestic abuse services organization.
995.67(2)(a)(a) No employee or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:
995.67(2)(a)3.
3. Any minor child in the care or custody of the service recipient.
995.67(2)(a)4.
4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.
995.67(2)(b)
(b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
995.67 History
History: 1991 a. 228;
2005 a. 155 s.
61; Stats. 2005 s. 995.67;
2007 a. 20.
