995.50(6)(b)
(b) In order to find an action for invasion of privacy to be frivolous under
par. (a), the court must find either of the following:
995.50(6)(b)1.
1. The action was commenced in bad faith or for harassment purposes.
995.50(6)(b)2.
2. The action was devoid of arguable basis in law or equity.
995.50(7)
(7) No action for invasion of privacy may be maintained under this section if the claim is based on an act which is permissible under
ss. 196.63 or
968.27 to
968.37.
995.50 History
History: 1977 c. 176;
1987 a. 399;
1991 a. 294;
2001 a. 33;
2005 a. 155 s.
51; Stats. 2005 s. 995.50.
995.50 Annotation
Commercial misappropriation of a person's name is prohibited by Wisconsin common law. Hirsch v. S.C. Johnson & Son, Inc.
90 Wis. 2d 379,
280 N.W.2d 129 (1979).
995.50 Annotation
Oral communication among numerous employees and jail inmates is sufficient to constitute publicity under sub. (2) (c). Hillman v. Columbia County,
164 Wis. 2d 376,
474 N.W.2d 913 (Ct. App. 1991).
995.50 Annotation
Disclosure of private information to one person or to a small group does not, as a matter of law in all cases, fail to satisfy the publicity element of an invasion of privacy claim. Whether a disclosure satisfies the publicity element of an invasion of privacy claim depends upon the particular facts of the case and the nature of plaintiff's relationship to the audience who received the information. Pachowitz v. LeDoux, 2003 WI App 120,
265 Wis. 2d 631,
666 N.W.2d 88,
02-2100.
995.50 Annotation
An action for invasion of privacy requires : 1) a public disclosure of facts regarding the plaintiff; 2) the facts disclosed were private; 3) the private matter is one that would be highly offensive to a reasonable person of ordinary sensibilities; and 4) the party disclosing the facts acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter or with actual knowledge that none existed. In order to find public disclosure, the matter must be regarded as substantially certain to become one of public knowledge. Olson v. Red Cedar Clinic, 2004 WI App 102,
273 Wis. 2d 728,
681 N.W.2d 306,
03-2198.
995.50 Annotation
The right to privacy law, s. 895.50, does not affect the duties of custodians of public records under s. 19.21. 68 Atty. Gen. 68.
995.50 Annotation
Surveillance of a school district employee from public streets and highways by the employer school district's agents to determine whether the employee was in violation of the district's residency policy did not violate this section. Munson v. Milwaukee Board of School Directors,
969 F.2d 266 (1992).
995.50 Annotation
A person's religious affiliation, standing alone, is not so private that publication would offend a reasonable person and constitute an invasion of privacy under sub. (2) (c). Briggs & Stratton Corp. v. National Catholic Reporter Publishing Co.
978 F. Supp 1195 (1997).
995.50 Annotation
The exclusivity provision of the Workers Compensation Act does not bar a claim for invasion of privacy under s. 895.50. Marino v. Arandell Corp.
1 F. Supp. 2d 947 (1998).
995.50 Annotation
The absence of false light from the Wisconsin privacy statute. 66 MLR 99 (1982).
995.50 Annotation
The tort of misappropriation of name or likeness under Wisconsin's new privacy law. Endejan, 1978 WLR 1029.
995.50 Annotation
The Case for Reexamining Privacy Law in Wisconsin: Why Wisconsin Courts Should Adopt the Interpretation of the Tort of Intrusion upon Seclusion of Fisher v. Mount Olive Lutheran Church. Infield-Harm. 2004 WLR 1781.
995.50 Annotation
The Scope of Wisconsin's Privacy Statute. Backer. Wis. Law. Sept. 2003.
995.67
995.67
Domestic abuse services; prohibited disclosures. 995.67(1)(b)
(b) "Domestic abuse services organization" means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:
995.67(1)(c)
(c) "Service recipient" means any person who receives or has received domestic abuse services from a domestic abuse services organization.
995.67(2)(a)(a) No employee or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:
995.67(2)(a)3.
3. Any minor child in the care or custody of the service recipient.
995.67(2)(a)4.
4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.
995.67(2)(b)
(b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
995.67 History
History: 1991 a. 228;
2005 a. 155 s.
61; Stats. 2005 s. 995.67.
