LRBb2414/1
KSH:jlg&mfd:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 13,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 100
September 16, 1997 - Offered by Representative Schneider.
AB100-ASA1-AA13,1,5
4895.505 Disposal of records containing personal information. (1) 5Definitions. In this section:
AB100-ASA1-AA13,1,86
(a) "Business" means an organization or enterprise operated for profit,
7including a sole proprietorship, partnership, firm, business trust, joint venture,
8syndicate, corporation, limited liability company or association.
AB100-ASA1-AA13,1,119
(b) "Personal information" means personally identifiable data about an
10individual's medical or financial condition that is not generally considered to be
11public knowledge.
AB100-ASA1-AA13,2,3
1(c) "Personally identifiable" means capable of being associated with a
2particular individual through one or more identifiers or other information or
3circumstances.
AB100-ASA1-AA13,2,64
(d) "Record" means any material on which written, drawn, printed, spoken,
5visual or electromagnetic information is recorded or preserved, regardless of
6physical form or characteristics.
AB100-ASA1-AA13,2,8
7(2) Disposal of records containing personal information. A business may not
8dispose of a record containing personal information unless:
AB100-ASA1-AA13,2,109
(a) Prior to the disposal of the record, the business shreds, erases or otherwise
10modifies the record to make the personal information unreadable.
AB100-ASA1-AA13,2,1311
(b) The business takes actions that it reasonably believes will ensure that no
12unauthorized person will have access to the personal information contained in the
13record for the period between the record's disposal and the record's destruction.
AB100-ASA1-AA13,2,16
14(3) Cause of action. Notwithstanding s. 814.04 (1), a business that violates
15sub. (2) is liable to any person damaged by the violation for the amount of damages
16and for reasonable attorney fees.".
AB100-ASA1-AA13,2,19
18"
(4c) Disposal of records. The treatment of section 895.505 of the statutes
19takes effect on the first day of the 4th month beginning after publication.".
