AB278,3,1010
4. The speaker of the assembly.
AB278,3,1111
5. The assembly minority leader.
AB278, s. 5
12Section
5. 16.61 (2) (ao) of the statutes is created to read:
AB278,3,1413
16.61
(2) (ao) "Privacy advocate" means the person designated under s. 19.625
14(1).
AB278, s. 6
15Section
6. 16.61 (3) (v) of the statutes is created to read:
AB278,3,1716
16.61
(3) (v) Shall provide the privacy advocate direct access via a computer
17terminal to the registry created under par. (u).
AB278, s. 7
18Section
7. 19.62 (5m) of the statutes is created to read:
AB278,3,2019
19.62
(5m) "Privacy advocate" means the person designated under s. 19.625
20(1).
AB278, s. 8
21Section
8. 19.625 of the statutes is created to read:
AB278,3,23
2219.625 Powers and duties of privacy council. (1) The privacy council shall
23appoint the privacy advocate outside the classified service.
AB278,3,25
24(2) The council shall advise the privacy advocate on the implementation of this
25subchapter.
AB278,4,3
1(3) The council may recommend to the governor or legislature legislation
2concerning personal privacy protection policies relating to personally identifiable
3information.
AB278, s. 9
4Section
9. 19.63 of the statutes is created to read:
AB278,4,6
519.63 Powers and duties of the privacy advocate. (1) The privacy
6advocate shall:
AB278,4,97
(a) Be an advocate for the development and implementation of state and local
8government policies that protect personal privacy relating to personally identifiable
9information collected or maintained by authorities.
AB278,4,1110
(b) Provide information on an individual's rights under this subchapter to any
11individual requesting the information.
AB278,4,1312
(c) Assist, as the advocate deems appropriate, an individual in the exercise of
13his or her rights under this subchapter. This assistance may include:
AB278,4,1614
1. Obtaining information on an authority's policies, procedures or practices for
15collecting and managing personally identifiable information and providing access to
16the information to the individual.
AB278,4,2017
2. Arranging a meeting between the individual and the staff of an authority to
18obtain information on the authority's policies, procedures or practices for managing
19personally identifiable information or to discuss a complaint that the individual has
20made regarding these policies, procedures or practices.
AB278,4,2521
(d) Publicize the registry of records series created under s. 16.61 (3) (u) and,
22upon request, assist with record retrieval any person requesting additional
23information on a records series in the registry that is provided by a state agency, or
24requesting from the registry information to which access is provided by a state
25agency.
AB278,5,2
1(e) Inform authorities and the public of the availability of the summary of case
2law and opinions of the attorney general prepared under s. 19.77.
AB278,5,73
(f) Review the adequacy of state and local government policies that protect
4personal privacy relating to personally identifiable information collected or
5maintained by authorities and recommend, as appropriate, changes in statutes,
6ordinances and policies to the governor, the legislature and local units of
7government.
AB278,5,8
8(2) The privacy advocate may:
AB278,5,109
(a) Advocate on behalf of an individual before any authority any matter
10relating to the exercise of the individual's rights under this subchapter.
AB278,5,1411
(b) Review an authority's policies, procedures or practices for collecting and
12managing personally identifiable information and providing access to the
13information and recommend changes in those policies, procedures or practices to the
14authority or the unit of government of which the authority is a part.
AB278,5,1515
(c) Inspect records in the custody of an authority under s. 19.75.
AB278, s. 10
16Section
10. 19.75 of the statutes is created to read:
AB278,5,22
1719.75 Access to confidential records. Unless federal law or regulations
18require or as a condition to receipt of federal aids by this state require that the right
19of inspection under this section be denied or unless inspection is specifically
20prohibited by law, the privacy advocate may inspect any record in the custody of an
21authority that is not otherwise open to inspection under ss. 19.35 (1) (a) and 19.36
22if all of the following apply:
AB278,5,24
23(1) The inspection is necessary for the privacy advocate to discharge his or her
24duties prescribed by law.
AB278,6,2
1(2) No person other than the privacy advocate is permitted to be present at the
2inspection site.
AB278,6,6
3(3) The privacy advocate has entered into an agreement with the authority that
4specifies the content of the record to be disclosed and the terms of the disclosure,
5which may include reasonable requirements placed on the privacy advocate to
6maintain the confidentiality of the information contained in the record.
AB278, s. 11
7Section
11. 20.005 (3) (schedule) of the statutes: at the appropriate place,
8insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB278, s. 12
9Section
12. 20.505 (4) (fz) of the statutes is created to read:
AB278,6,1210
20.505
(4) (fz)
Privacy council and privacy advocate. The amounts in the
11schedule for the general program operations of the privacy council and privacy
12advocate under subch. IV of ch. 19.
AB278, s. 13
13Section
13. 20.923 (6) (ai) of the statutes is created to read:
AB278,6,1414
20.923
(6) (ai) Administration, department of: privacy advocate.
AB278, s. 14
15Section
14. 196.209 (5) (a) of the statutes is amended to read:
AB278,7,216
196.209
(5) (a) The commission shall appoint a telecommunications privacy
17council under s. 15.04 (1) (c) consisting of representatives of telecommunications
18providers and of consumers of telecommunications services, including this state.
1The privacy advocate designated under s. 19.625 (1) shall be a member of the
2telecommunications privacy council.
AB278, s. 15
3Section
15. 230.08 (2) (zm) of the statutes is created to read:
AB278,7,44
230.08
(2) (zm) The privacy advocate.
AB278,7,86
(1)
Initial terms. Notwithstanding section 15.107 (13) (intro.) of the statutes,
7as created by this act, of the members who are initially appointed to the privacy
8council, as created by this act:
AB278,7,109
(a) The members who are appointed under section 15.107 (13) (a) of the
10statutes, as created by this act, shall serve for terms expiring on July 1, 2001.
AB278,7,1211
(b) The members who are appointed under section 15.107 (13) (b) 1. to 3. of the
12statutes, as created by this act, shall serve for terms expiring on July 1, 2002.
AB278,7,1413
(c) The members who are appointed under section 15.107 (13) (b) 4. and 5. of
14the statutes, as created by this act, shall serve for terms expiring on July 1, 2003.
AB278,7,1915
(2)
Position authorizations. The authorized FTE positions for the department
16of administration, funded from the appropriation under section 20.505 (4) (fz) of the
17statutes, as created by this act, are increased by 2.0 GPR positions to provide for the
18position of privacy advocate, as created by this act, and to provide support services
19to the privacy advocate and privacy council, as created by this act.