Feed for /2005/related/amendments/sb164/asa1_sb164 PDF
SB164-ASA1,3,76 a. Conducts business in this state and maintains personal information in the
7ordinary course of business.
SB164-ASA1,3,88 b. Licenses personal information in this state.
SB164-ASA1,3,109 c. Maintains for a resident of this state a depository account as defined in s.
10815.18 (2) (e).
SB164-ASA1,3,1111 d. Lends money to a resident of this state.
SB164-ASA1,3,1212 2. "Entity" includes all of the following:
SB164-ASA1,3,1613 a. The state and any office, department, independent agency, authority,
14institution, association, society, or other body in state government created or
15authorized to be created by the constitution or any law, including the legislature and
16the courts.
SB164-ASA1,3,1717 b. A city, village, town, or county.
SB164-ASA1,3,1918 (am) "Name" means an individual's last name combined with the individual's
19first name or first initial.
SB164-ASA1,4,4
1(b) "Personal information" means an individual's last name and the
2individual's first name or first initial, in combination with and linked to any of the
3following elements, if the element is not publicly available information and is not
4encrypted, redacted, or altered in a manner that renders the element unreadable:
SB164-ASA1,4,55 1. The individual's social security number.
SB164-ASA1,4,66 2. The individual's driver's license number or state identification number.
SB164-ASA1,4,97 3. The number of the individual's financial account number, including a credit
8or debit card account number, or any security code, access code, or password that
9would permit access to the individual's financial account.
SB164-ASA1,4,1010 4. The individual's deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a).
SB164-ASA1,4,1211 5. The individual's unique biometric data, including fingerprint, voice print,
12retina or iris image, or any other unique physical representation.
SB164-ASA1,4,1413 (c) "Publicly available information" means any information that an entity
14reasonably believes is one of the following:
SB164-ASA1,4,1515 1. Lawfully made widely available through any media.
SB164-ASA1,4,1816 2. Lawfully made available to the general public from federal, state, or local
17government records or disclosures to the general public that are required to be made
18by federal, state, or local law.
SB164-ASA1,5,2 19(2) Notice required. (a) If an entity whose principal place of business is
20located in this state or an entity that maintains or licenses personal information in
21this state knows that personal information in the entity's possession has been
22acquired by a person whom the entity has not authorized to acquire the personal
23information, the entity shall make reasonable efforts to notify each subject of the
24personal information. The notice shall indicate that the entity knows of the

1unauthorized acquisition of personal information pertaining to the subject of the
2personal information.
SB164-ASA1,5,93 (b) If an entity whose principal place of business is not located in this state
4knows that personal information pertaining to a resident of this state has been
5acquired by a person whom the entity has not authorized to acquire the personal
6information, the entity shall make reasonable efforts to notify each resident of this
7state who is the subject of the personal information. The notice shall indicate that
8the entity knows of the unauthorized acquisition of personal information pertaining
9to the resident of this state who is the subject of the personal information.
SB164-ASA1,5,1710 (bm) If a person, other than an individual, that stores personal information
11pertaining to a resident of this state, but does not own or license the personal
12information, knows that the personal information has been acquired by a person
13whom the person storing the personal information has not authorized to acquire the
14personal information, and the person storing the personal information has not
15entered into a contract with the person that owns or licenses the personal
16information, the person storing the personal information shall notify the person that
17owns or licenses the personal information of the acquisition as soon as practicable.
SB164-ASA1,5,2018 (cm) Notwithstanding pars. (a), (b), and (bm), an entity is not required to
19provide notice of the acquisition of personal information if any of the following
20applies:
SB164-ASA1,5,2221 1. The acquisition of personal information does not create a material risk of
22identity theft or fraud to the subject of the personal information.
SB164-ASA1,5,2423 2. The personal information was acquired in good faith by an employee or agent
24of the entity, if the personal information is used for a lawful purpose of the entity.
SB164-ASA1,6,6
1(3) Timing and manner of notice; other requirements. (a) Subject to sub. (5),
2an entity shall provide the notice required under sub. (2) within a reasonable time,
3not to exceed 45 days after the entity learns of the acquisition of personal
4information. A determination as to reasonableness under this paragraph shall
5include consideration of the number of notices that an entity must provide and the
6methods of communication available to the entity.
SB164-ASA1,6,137 (b) An entity shall provide the notice required under sub. (2) by mail or by a
8method the entity has previously employed to communicate with the subject of the
9personal information. If an entity cannot with reasonable diligence determine the
10mailing address of the subject of the personal information, and if the entity has not
11previously communicated with the subject of the personal information, the entity
12shall provide notice by a method reasonably calculated to provide actual notice to the
13subject of the personal information.
SB164-ASA1,6,1614 (c) Upon written request by a person who has received a notice under sub. (2),
15the entity that provided the notice shall identify the personal information that was
16acquired.
SB164-ASA1,6,18 17(3m) Regulated entities exempt. This section does not apply to any of the
18following:
SB164-ASA1,6,2219 (a) An entity that is subject to, and in compliance with, the privacy and security
20requirements of 15 USC 6801 to 6827, or a person that has a contractual obligation
21to such an entity, if the entity or person has in effect a policy concerning breaches of
22information security.
SB164-ASA1,6,2423(b) An entity that is described in 45 CFR 164.104 (a), if the entity complies with
24the requirements of 45 CFR part 164.
SB164-ASA1,7,2
1(4) Effect on civil claims. Failure to comply with this section is not negligence
2or a breach of any duty, but may be evidence of negligence or a breach of a legal duty.
SB164-ASA1,7,10 3(5) Request by law enforcement not to notify. A law enforcement agency
4may, in order to protect an investigation or homeland security, ask an entity not to
5provide a notice that is otherwise required under sub. (2) for any period of time and
6the notification process required under sub. (2) shall begin at the end of that time
7period. Notwithstanding subs. (2) and (3), if an entity receives such a request, the
8entity may not provide notice of or publicize an unauthorized acquisition of personal
9information, except as authorized by the law enforcement agency that made the
10request.
SB164-ASA1,7,13 11(6m) Local ordinances or regulations prohibited. No city, village, town, or
12county may enact or enforce an ordinance or regulation that relates to notice or
13disclosure of the unauthorized acquisition of personal information.
SB164-ASA1,7,20 14(7m) Effect of federal legislation. If the joint committee on administrative
15rules determines that the federal government has enacted legislation that imposes
16notice requirements substantially similar to the requirements of this section and
17determines that the legislation does not preempt this section, the joint committee on
18administrative rules shall submit to the revisor of statutes for publication in the
19Wisconsin administrative register a notice of its determination. This section does not
20apply after publication of a notice under this subsection.
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