AB738: Bill Text

AB738,10,15 2. A description of the personal information that has been acquired and the date when the acquisition occurred.

AB738,10,18 3. A warning that the unauthorized acquisition of personal information may adversely affect the individual's credit rating, and an advisory to monitor the individual's credit information.

AB738,10,20 4. Telephone numbers and mailing addresses for not less than 3 major credit reporting agencies.

AB738,10,22 (b) Notice under sub. (2) (a) 2. shall be given in writing and contain all of the following:

AB738,11,2 1. A statement that computerized personal information pertaining to an individual and owned or licensed by the person giving notice has been acquired by a person who is not authorized to do so by the individual who is the subject of the personal information.

AB738,11,3 2. The name of the individual who is the subject of the personal information.

AB738,11,5 3. A general identification of the type of personal information that has been acquired.

AB738,11,6 4. The date when the personal information was acquired.

AB738,11,10 (c) If a person is required give notice under sub. (2) (a) 1. to more than one individual as a result of a single acquisition of computerized personal information and the cost of giving written notice to all individuals would exceed $250,000, the person may give notice by doing all of the following:

AB738,11,12 1. Sending an electronic mail message to an individual's electronic mail address.

AB738,11,13 2. Conspicuously posting notice at the person's Internet Web site.

AB738,11,16 3. Notifying news media in this state in a manner reasonably calculated to provide media notice of the acquisition of personal information to all individuals who are the subject of the acquisition.

AB738,11,19 (4) Enforcement. (a) The department of justice or any district attorney may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section.

AB738,12,2 (b) Any person who is injured by a violation of this section may bring an action against the violator for damages, injunctive relief, or both. An action under this subsection may be brought against a county, town, city, or village, or against the state or any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. Notwithstanding s. 814.04 (1), in an action under this subsection, the court shall award a prevailing plaintiff reasonable attorney fees.

AB738, s. 9 Section 9. 103.135 of the statutes is created to read:

AB738,12,8 103.135 Records containing social security numbers of employees. (1) Definition. In this section, "officer" means an officer of a governmental body, an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture, or an owner of a sole proprietorship.

AB738,12,12 (2) Access prohibited; exceptions. No employer may provide access to any record that contains the social security number of an employee of that employer, together with information revealing the identity of that employee, to any person unless any of the following applies:

AB738,12,13 (a) The number is redacted.

AB738,12,15 (b) The person is authorized by federal or state law or by the employee who is the subject of the record to have access to the number.

AB738,12,18 (c) The person is an officer, employee, or agent of the employer and the official responsibilities of the officer, employee, or agent require him or her to have access to the number.

AB738, s. 10 Section 10. 134.44 of the statutes is created to read:

AB738,12,22 134.44 Requests by retailers for social security numbers. (1) No seller of goods at retail may request that a customer disclose the customer's social security number.

AB738,13,2 (2) Subsection (1) does not apply to an agent of the department of natural resources appointed under s. 29.024 (6) (a) 3. who requests a customer's social security number if the customer is applying to the agent for an approval, as defined in s. 29.001 (12), and the customer's social security number is required under s. 29.024 (2g) or (2r).

AB738,13,3 (3) Any seller who violates sub. (1) shall be fined not more than $100.

AB738, s. 11 Section 11. 138.25 of the statutes is created to read:

AB738,13,5 138.25 Credit scores. (1) Definitions. In this section:

AB738,13,11 (a) "Credit report" means means any written, oral, or other communication of any information by a credit reporting agency bearing on an individual's creditworthiness, credit standing, or credit capacity, which is used or is expected to be used, or collected in whole or in part, for a purpose specified in 15 USC 1681b or for the purpose of serving as a factor in establishing the individual's eligibility for any of the following:

AB738,13,12 1. Credit to be used primarily for personal, family, or household purposes.

AB738,13,13 2. Employment, promotion, reassignment, or retention as an employee.

AB738,13,14 3. Rental of a residential dwelling unit.

AB738,13,21 (b) "Credit reporting agency" means any person who, for fees, dues, or other compensation, or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating credit or other information on individuals for the purpose of preparing credit reports that the credit reporting agency furnishes to 3rd parties, but does not include any governmental agency whose records are maintained primarily for traffic safety, law enforcement, or licensing purposes.

AB738,13,24 (2) Prohibition. No credit reporting agency may use the number of creditor inquiries as a factor in any credit scoring methodology used by the credit reporting agency in preparing credit reports.

AB738,13,25 (3) Enforcement. The division of banking shall enforce this section.

AB738, s. 12 Section 12. 230.16 (12) of the statutes is created to read:

AB738,14,4 230.16 (12) An applicant's social security number may not be used for the purpose of identifying the applicant on any examination under this subchapter or under rules of the administrator.

AB738, s. 13 Section 13. Initial applicability.

AB738,14,7 (1) Credit scores. The treatment of section 138.25 of the statutes first applies to credit reports furnished to 3rd parties on the effective date of this subsection.

AB738,14,11 (2) Restrictions on recording instruments with social security numbers. The treatment of section 59.43 (1) (intro.) and (1m) of the statutes first applies to an instrument that is presented to a register of deeds for recording on the effective date of this subsection.

AB738,14,12 (End)