AB796: Bill Text

AB796, s. 23 Section 23. 108.14 (7) (b) of the statutes is amended to read:

AB796,11,22 108.14 (7) (b) The department may provide records made or maintained by the department in connection with the administration of this chapter to any government unit, corresponding unit in the government of another state or any unit of the federal government. No such unit may permit inspection or disclosure of any record provided to it by the department unless that unit complies with s. 19.72, if applicable, and the department authorizes the inspection or disclosure.

AB796, s. 24 Section 24. 146.40 (4g) (b) of the statutes is amended to read:

AB796,12,5 146.40 (4g) (b) The department shall provide, upon receipt of a specific, written request, information requested that is contained in the registry under par. (a). The department may not sell, lease, rent, trade or otherwise disclose to a requester any personally identifiable information contained in the registry without first obtaining the written consent of the individual who is the subject of the personally identifiable information, if the requester intends to use the information for any commercial purpose, as defined in s. 895.50 (2) (am).

AB796, s. 25 Section 25. 341.17 (5) of the statutes is amended to read:

AB796,12,9 341.17 (5) Except as provided in sub. (9) (e), public officers and agencies receiving free copies of registration lists under sub. (4) shall keep such lists current and, subject to sub. (10), open to public inspection.

AB796, s. 26 Section 26. 341.17 (6) of the statutes is renumbered 341.17 (6) (a) and amended to read:

AB796,12,17 341.17 (6) (a) The Subject to par. (b), the department shall sell subscriptions to the registration lists compiled under this section and may sell other registration information. In computing the charge to be made for subscriptions to the registration lists and for other registration information, the department shall determine the costs of compiling the lists and other information and shall fairly apportion the major share of those costs among the subscribers and other purchasers.

AB796, s. 27 Section 27. 341.17 (6) (b) of the statutes is created to read:

AB796,12,23 341.17 (6) (b) The department may not sell registration lists and other registration information that consists of any personally identifiable information to be used for any commercial purpose, as defined in s. 895.50 (2) (am), unless the person to whom the information relates has consented in writing to disclosure by the department of his or her information to be used for a commercial purpose.

AB796, s. 28 Section 28. 341.17 (10) of the statutes is created to read:

AB796,13,8 341.17 (10) Any person who receives any personally identifiable information under this section may not use or disclose that information for any commercial purpose, as defined in s. 895.50 (2) (am), without first obtaining the written consent of the individual to whom the personally identifiable information relates or, if that person is a minor, of his or her parent or legal guardian. This subsection does not apply to an insurer, as defined in sub. (9) (a) 2., who uses personally identifiable information obtained under this section only for purposes specified in sub. (9) (c) 3. and who does not disclose the information.

AB796, s. 29 Section 29. 343.235 (5m) of the statutes is created to read:

AB796,13,17 343.235 (5m) Any person who receives any personally identifiable information under this section may not use or disclose that information for any commercial purpose, as defined in s. 895.50 (2) (am), without first obtaining the written consent of the individual to whom the personally identifiable information relates or, if that person is a minor, of his or her parent or legal guardian. This subsection does not apply to an insurer, as defined in sub. (1) (b) who uses personally identifiable information obtained under this section only for purposes specified in sub. (3) (b) and who does not disclose the information.

AB796, s. 30 Section 30. 343.24 (5) of the statutes is created to read:

AB796,14,2 343.24 (5) Any person who receives any personally identifiable information under this section may not use or disclose that information for any commercial purpose, as defined in s. 895.50 (2) (am), without first obtaining the written consent of the individual to whom the personally identifiable information relates or, if that person is a minor, of his or her parent or legal guardian. This subsection does not apply to an insurer, as defined in sub. (4) (a) 2., who uses personally identifiable information obtained under this section only for purposes specified in sub. (4) (c) 2. and who does not disclose the information.

AB796, s. 31 Section 31. 895.50 (2) (intro.) of the statutes is amended to read:

AB796,14,4 895.50 (2) (intro.)  In this section, "invasion:

AB796,14,5 (bm) "Invasion of privacy" means any of the following:

AB796, s. 32 Section 32. 895.50 (2) (a) of the statutes is renumbered 895.50 (2) (bm) 1.

AB796, s. 33 Section 33. 895.50 (2) (am) of the statutes is created to read:

AB796,14,14 895.50 (2) (am) "Commercial purpose" means the purpose of accruing any gain, benefit or advantage, either directly or indirectly. "Commercial purpose" includes the purpose of advertising or marketing any property, good or service, soliciting business or setting the terms and conditions of any commercial transaction or relationship. "Commercial purpose" does not include the gathering and reporting of news or the communication of information or the solicitation of funds for any political, lobbying, charitable or religious purpose.

AB796, s. 34 Section 34. 895.50 (2) (b) of the statutes is renumbered 895.50 (2) (bm) 2.

AB796, s. 35 Section 35. 895.50 (2) (bm) 2m. of the statutes is created to read:

AB796,14,24 895.50 (2) (bm) 2m. The sale, lease, rental, trading or any other disclosure of any personally identifiable information about any living person, without having first obtained, not less than one year before the date of the sale, lease, rental, trade or other disclosure, the written consent of the person who is the subject of the personally identifiable information or, if that person is a minor, of his or her parent or guardian, if the person to whom the personally identifiable information is to be sold, leased, rented, traded or otherwise disclosed intends to use the personally identifiable information for any commercial purpose.

AB796, s. 36 Section 36. 895.50 (2) (bm) 2r. of the statutes is created to read:

AB796,15,6 895.50 (2) (bm) 2r. Requiring, as a condition for receiving a good or a service, that a living person or, if the living person is a minor, his or her parent or guardian provide his or her written consent to the sale, lease, rental, trading or other disclosure of any personally identifiable information about that living person for any commercial purpose of the person to whom the personally identifiable information is to be sold, leased, rented, traded or otherwise disclosed.

AB796, s. 37 Section 37. 895.50 (2) (c) of the statutes is renumbered 895.50 (2) (bm) 3. and amended to read:

AB796,15,14 895.50 (2) (bm) 3. Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person, if the defendant has acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter involved, or with actual knowledge that none existed. It is not an invasion of privacy under this subdivision to communicate any information available to the public as a matter of public record.

AB796, s. 38 Section 38. 895.50 (2) (cm) of the statutes is created to read:

AB796,15,17 895.50 (2) (cm) "Personally identifiable information" has the meaning given in s. 19.62 (5).

AB796, s. 39 Section 39. Nonstatutory provisions.

AB796,16,2 (1) This act does not apply to a contract under which personally identifiable information, as defined in section 19.62 (5) of the statutes, about any living person is sold, leased, rented, traded or otherwise disclosed, for any commercial purpose, as defined in section 895.50 (2) (am) of the statutes, as created by this act, of the person to whom that personally identifiable information is sold, leased, rented, traded or otherwise disclosed, without the prior written consent of the person who is the subject of that personally identifiable information or, if that person is a minor, of his or her parent or guardian entered into before the effective date of this subsection.

AB796,16,10 (2) This act does not apply to a contract under which, as a condition for receiving a good or a service, a person or, if the person is a minor, his or her parent or guardian is required to consent to the sale, lease, rental, trading or other disclosure of any personally identifiable information, as defined in section 19.62 (5) of the statutes, about that person for any commercial purpose, as defined in section 895.50 (2) (am) of the statutes, as created by this act, of the person to whom the personally identifiable information is to be sold, leased, rented, traded or otherwise disclosed entered into before the effective date of this subsection.

AB796, s. 40 Section 40. Initial applicability.

AB796,16,14 (1) The treatment of section 85.105 (2) of the statutes first applies to contracts under section 85.105 of the statutes that are entered into, modified, renewed or extended on the effective date of this subsection.

AB796,16,15 (End)