AB231: Bill Text

LRB-1065/2

JTK:kaf:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 231

March 27, 1997 - Introduced by Representatives Schneider, Black, Kreuser, Hasenohrl, R. Young, Bock, Murat, Ziegelbauer, Notestein, R. Potter, Dueholm, Meyer, Reynolds, Ryba, Boyle, Gronemus and Baldwin, cosponsored by Senators Risser, Grobschmidt and Wirch. Referred to Committee on Government Operations.

AB231,1,4 An Act to amend 13.58 (5) (b) 1., 15.01 (4) and 196.209 (5) (a); and to create 13.58 (5) (a) 4., 15.107 (13), 16.61 (2) (ao), 16.61 (3) (v), 19.62 (5m), 19.625, 19.63, 19.75, 20.505 (4) (fz), 20.923 (6) (ai) and 230.08 (2) (zm) of the statutes; relating to: 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 9 members appointed by the governor to serve for 3-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:

AB231, s. 1 Section 1. 13.58 (5) (a) 4. of the statutes is created to read:

AB231,2,3 13.58 (5) (a) 4. Review any proposed statutory changes recommended by the privacy advocate under s. 19.63 (1) (f).

AB231, s. 2 Section 2. 13.58 (5) (b) 1. of the statutes is amended to read:

AB231,2,8 13.58 (5) (b) 1. Direct the privacy advocate, the council on information technology or the subunit in the department of administration with policy-making responsibility related to information technology to conduct studies or prepare reports on items related to the committee's duties under par. (a).

AB231, s. 3 Section 3. 15.01 (4) of the statutes is amended to read:

AB231,2,18 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, the privacy council has the powers specified in s. 19.625 and, before January 1, 2001, the council on health care fraud and abuse has the powers and duties specified in s. 146.36.

AB231, s. 4 Section 4. 15.107 (13) of the statutes is created to read:

AB231,3,3 15.107 (13) Privacy council. There is created a privacy council attached to the department of administration under s. 15.03 consisting of the following members appointed to serve for 3-year terms:

AB231,3,4 (a) Four members appointed by the governor.

AB231,3,6 (b) Five members appointed by the governor, one of whom shall be nominated by each of the following:

AB231,3,7 1. The chief justice of the supreme court.

AB231,3,8 2. The president of the senate.

AB231,3,9 3. The senate minority leader.

AB231,3,10 4. The speaker of the assembly.

AB231,3,11 5. The assembly minority leader.

AB231, s. 5 Section 5. 16.61 (2) (ao) of the statutes is created to read:

AB231,3,14 16.61 (2) (ao) "Privacy advocate" means the person designated under s. 19.625 (1).

AB231, s. 6 Section 6. 16.61 (3) (v) of the statutes is created to read:

AB231,3,17 16.61 (3) (v) Shall provide the privacy advocate direct access via a computer terminal to the registry created under par. (u).

AB231, s. 7 Section 7. 19.62 (5m) of the statutes is created to read:

AB231,3,19 19.62 (5m) "Privacy advocate" means the person designated under s. 19.625.

AB231, s. 8 Section 8. 19.625 of the statutes is created to read:

AB231,3,22 19.625 Powers and duties of privacy council. (1) The privacy council shall appoint the privacy advocate outside the classified service.

AB231,3,24 (2) The council shall advise the privacy advocate on the implementation of this subchapter.

AB231,4,3 (3) The council may recommend to the governor or legislature legislation concerning personal privacy protection policies relating to personally identifiable information.

AB231, s. 9 Section 9. 19.63 of the statutes is created to read:

AB231,4,6 19.63 Powers and duties of the privacy advocate. (1) The privacy advocate shall:

AB231,4,9 (a) Be an advocate for the development and implementation of state and local government policies that protect personal privacy relating to personally identifiable information collected or maintained by authorities.

AB231,4,11 (b) Provide information on an individual's rights under this subchapter to any individual requesting the information.

AB231,4,13 (c) Assist, as the advocate deems appropriate, an individual in the exercise of his or her rights under this subchapter. This assistance may include:

AB231,4,16 1. Obtaining information on an authority's policies, procedures or practices for collecting and managing personally identifiable information and providing access to the information to the individual.

AB231,4,20 2. Arranging a meeting between the individual and the staff of an authority to obtain information on the authority's policies, procedures or practices for managing personally identifiable information or to discuss a complaint that the individual has made regarding these policies, procedures or practices.

AB231,4,25 (d) Publicize the registry of records series created under s. 16.61 (3) (u) and, upon request, assist with record retrieval any person requesting additional information on a records series in the registry that is provided by a state agency, or requesting from the registry information to which access is provided by a state agency.

AB231,5,2 (e) Inform authorities and the public of the availability of the summary of case law and opinions of the attorney general prepared under s. 19.77.

AB231,5,7 (f) Review the adequacy of state and local government policies that protect personal privacy relating to personally identifiable information collected or maintained by authorities and recommend, as appropriate, changes in statutes, ordinances and policies to the governor, the legislature and local units of government.

AB231,5,8 (2) The privacy advocate may:

AB231,5,10 (a) Advocate on behalf of an individual before any authority any matter relating to the exercise of the individual's rights under this subchapter.

AB231,5,14 (b) Review an authority's policies, procedures or practices for collecting and managing personally identifiable information and providing access to the information and recommend changes in those policies, procedures or practices to the authority or the unit of government of which the authority is a part.

AB231,5,15 (c) Inspect records in the custody of an authority under s. 19.75.

AB231, s. 10 Section 10. 19.75 of the statutes is created to read: