LRB-0660/1
JTK:wlj:jf
1999 - 2000 LEGISLATURE
April 9, 1999 - Introduced by Representatives Schneider, La Fave, Bock, F. Lasee,
Reynolds, Wasserman, Plale and Young, cosponsored by Senators Plache,
Roessler, Darling and
Schultz. Referred to Committee on Judiciary and
Personal Privacy.
AB278,1,4
1An Act to amend 13.58 (5) (b) 1., 15.01 (4) and 196.209 (5) (a); and
to create
213.58 (5) (a) 4., 15.107 (13), 16.61 (2) (ao), 16.61 (3) (v), 19.62 (5m), 19.625, 19.63,
319.75, 20.505 (4) (fz), 20.923 (6) (ai) and 230.08 (2) (zm) of the statutes;
relating
4to: creation of a privacy council and position of privacy advocate.
Analysis by the Legislative Reference Bureau
This bill creates a privacy council attached to the department of administration
consisting of nine members appointed by the governor to serve for three-year terms.
One member must be nominated by each of the following persons: the chief justice
of the supreme court, the president of the senate, the senate minority leader, the
speaker of the assembly and the assembly minority leader. The council appoints a
privacy advocate to serve outside the classified service, advises the advocate and
suggests legislation concerning personal privacy protection policies relating to
personally identifiable information. Under the bill, the privacy advocate advocates
for state and local government policies that protect personal privacy relating to
personally identifiable information collected or maintained by state agencies or local
governments. The advocate provides information to individuals, state agencies and
local governments and assists individuals in exercising their rights to ensure
compliance with laws governing personal information practices. The advocate may
advocate on behalf of any individual before any state agency or local government
with respect to exercise of the individual's rights relating to personal information
practices; review any personally identifiable information policies established by a
state agency or local government; and gain access, under certain conditions, to
certain confidential information in the custody of a state agency or local government.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB278, s. 1
1Section
1. 13.58 (5) (a) 4. of the statutes is created to read:
AB278,2,32
13.58
(5) (a) 4. Review any proposed statutory changes recommended by the
3privacy advocate under s. 19.63 (1) (f).
AB278, s. 2
4Section
2. 13.58 (5) (b) 1. of the statutes is amended to read:
AB278,2,85
13.58
(5) (b) 1. Direct
the privacy advocate, the subunit in the department of
6administration with policy-making responsibility related to information technology
7to conduct studies or prepare reports on items related to the committee's duties under
8par. (a).
AB278, s. 3
9Section
3. 15.01 (4) of the statutes is amended to read:
AB278,2,1810
15.01
(4) "Council" means a part-time body appointed to function on a
11continuing basis for the study, and recommendation of solutions and policy
12alternatives, of the problems arising in a specified functional area of state
13government, except the Milwaukee river revitalization council has the powers and
14duties specified in s. 23.18, the council on physical disabilities has the powers and
15duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug
16abuse has the powers and duties specified in s. 14.24
, the privacy council has the
17powers specified in s. 19.625 and, before January 1, 2001, the council on health care
18fraud and abuse has the powers and duties specified in s. 146.36.
AB278, s. 4
19Section
4. 15.107 (13) of the statutes is created to read:
AB278,3,3
115.107
(13) Privacy council. There is created a privacy council attached to the
2department of administration under s. 15.03 consisting of the following members
3appointed to serve for 3-year terms:
AB278,3,44
(a) Four members appointed by the governor.
AB278,3,65
(b) Five members appointed by the governor, one of whom shall be nominated
6by each of the following:
AB278,3,77
1. The chief justice of the supreme court.
AB278,3,88
2. The president of the senate.
AB278,3,99
3. The senate minority leader.
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.