LRB-1371/1
MGG&RJM:wlj:pg
2001 - 2002 LEGISLATURE
February 1, 2001 - Introduced by Representatives Schneider, Kreuser, Gronemus,
Hahn, Wade, Boyle and
Williams. Referred to Committee on Personal
Privacy.
AB88,1,3
1An Act to create 134.44 of the statutes;
relating to: the release of personally
2identifiable information for marketing or advertising purposes and providing
3a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a business that requests and receives personally identifiable
information from a customer so that the customer may participate in a program
offered by the business to provide discounts or other benefits, may not release the
information to a third party if the information will be used for marketing or
advertising purposes by anyone other than the business that received information.
Personally identifiable information includes items such as the customer's name and
address.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB88, s. 1
4Section
1. 134.44 of the statutes is created to read:
AB88,1,6
5134.44 Disclosure of personally identifiable information by
6businesses. (1) In this section:
AB88,2,2
1(a) "Business" means a person who is engaged in a business for profit or an
2employee of the business.
AB88,2,43
(b) "Discount program" means a program that provides customers with
4discounts on purchases and with other benefits.
AB88,2,65
(c) "Personally identifiable information" means the name of an individual or
6other information that can be used to identify that individual.
AB88,2,97
(d) "Unaffiliated third party," when used in relation to any business, means a
8person that does not control, is not controlled by, and is not under common control
9with the business.
AB88,2,16
10(2) Except as provided in sub. (4), if a business requests and receives personally
11identifiable information from a customer so that the customer may participate in a
12discount program offered by the business, the business may not release the
13personally identifiable information to any unaffiliated third party if the release will
14result in the personally identifiable information being used for marketing or
15advertising purposes by any person other than the business that receives the
16personally identifiable information from the customer.
AB88,2,18
17(3) Any business that violates sub. (2) is subject to a forfeiture of not more than
18$100 for each violation.
AB88,2,21
19(4) Subsection (2) does not apply to the release of information to a consumer
20reporting agency, in accordance with the Fair Credit Reporting Act,
15 USC 1681 to
211681u, as amended.
