AB218,5 9Section 5. 995.55 of the statutes is created to read:
AB218,4,10 10995.55 Internet privacy protection. (1) Definitions. In this section:
AB218,4,1211 (a) "Access information" means a user name and password, login information,
12or any other security information that protects access to a personal Internet account.
AB218,4,1713 (b) "Educational institution" means an institution of higher education, as
14defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as
15defined in s. 38.50 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter
16school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or
17a private educational testing service or administrator.
AB218,4,2318 (c) "Employer" means any person engaging in any activity, enterprise, or
19business employing at least one individual. "Employer" includes the state, its
20political subdivisions, and any office, department, independent agency, authority,
21institution, association, society, or other body in state or local government created or
22authorized to be created by the constitution or any law, including the legislature and
23the courts.
AB218,5,324 (d) "Personal Internet account" means an account created and used exclusively
25for personal purposes within a bounded system established by an Internet-based

1service that requires a user to input or store access information via an electronic
2device in order to view, create, use, or edit the user's account information, profile,
3display, communications, or stored data.
AB218,5,5 4(2) Restrictions on employer access to personal Internet accounts. (a)
5Except as provided in pars. (b) and (c), no employer may do any of the following:
AB218,5,86 1. Request an employee or applicant for employment to grant access to, allow
7observation of, or disclose information that allows access to or observation of the
8personal Internet account of the employee or applicant.
AB218,5,129 2. Discharge or otherwise discriminate against any person for exercising the
10right to refuse a request under subd. 1., opposing a practice prohibited under subd.
111., filing a complaint or attempting to enforce any right under subd. 1., or testifying
12or assisting in any action or proceeding to enforce any right under subd. 1.
AB218,5,1313 (b) Paragraph (a) does not prohibit an employer from doing any of the following:
AB218,5,1914 1. Requesting or requiring an employee to disclose access information to the
15employer in order for the employer to gain access to or operate an electronic
16communications device paid for in whole or in part by the employer or to gain access
17to an account or service that is provided by the employer, that the employee obtained
18by virtue of the employee's employment relationship with the employer, or that is
19used for the employer's business purposes.
AB218,5,2220 2. Discharging or disciplining an employee for transferring the employer's
21proprietary or confidential information or financial data to the employee's personal
22Internet account without the employer's authorization.
AB218,6,523 3. Conducting an investigation or requiring an employee to cooperate in an
24investigation of any alleged unauthorized transfer of the employer's proprietary or
25confidential information or financial data to the employee's personal Internet

1account, if the employer has reasonable cause to believe that such a transfer has
2occurred, or of any other alleged employment-related misconduct or violation of the
3law, if the employer has reasonable cause to believe that activity on the employee's
4personal Internet account relating to that misconduct or violation of the law has
5occurred.
AB218,6,86 4. Restricting or prohibiting an employee's access to certain Internet sites while
7using an electronic communications device paid for in whole or in part by the
8employer or while using the employer's network or other resources.
AB218,6,119 5. Monitoring, reviewing, or accessing electronic data that is stored on an
10electronic communications device paid for in whole or in part by the employer or
11electronic data that is traveling through or stored on the employer's network.
AB218,6,1412 6. Complying with a duty to screen applicants for employment prior to hiring
13that is established under state or federal law or by a self-regulatory organization,
14as defined in 15 USC 78c (a) (26).
AB218,6,1715 7. Viewing, accessing, or using information about an employee or applicant for
16employment that can be obtained without access information or that is available in
17the public domain.
AB218,6,1918 8. Requesting or requiring an employee to disclose the employee's personal
19electronic mail address.
AB218,6,2520 (c) Paragraph (a) does not apply to a personal Internet account or an electronic
21communications device of an employee engaged in providing financial services who
22uses the account or device to conduct the business of an employer that is subject to
23the content, supervision, and retention requirements imposed by federal securities
24laws and regulations or by a self-regulatory organization, as defined in 15 USC 78c
25(a) (26).
AB218,7,3
1(3) Restrictions on educational institution access to personal Internet
2accounts.
(a) Except as provided in par. (b), no educational institution may do any
3of the following:
AB218,7,64 1. Request a student or prospective student to grant access to, allow
5observation of, or disclose information that allows access to or observation of the
6personal Internet account of the student or prospective student.
AB218,7,117 2. Expel, suspend, discipline, or otherwise penalize any student or prospective
8student for exercising the right to refuse a request under subd. 1., opposing a practice
9prohibited under subd. 1., filing a complaint or attempting to enforce any right under
10subd. 1., or testifying or assisting in any action or proceeding to enforce any right
11under subd. 1.
AB218,7,1312 (b) Paragraph (a) does not prohibit an educational institution from doing any
13of the following:
AB218,7,1914 1. Requesting or requiring a student to disclose access information to the
15educational institution in order for the institution to gain access to or operate an
16electronic communications device paid for in whole or in part by the institution or to
17gain access to an account or service that is provided by the institution, that the
18student obtained by virtue of the student's admission to the educational institution,
19or that is used by the student for educational purposes.
AB218,7,2220 2. Viewing, accessing, or using information about a student or prospective
21student that can be obtained without access information or that is available in the
22public domain.
AB218,7,24 23(4) Restrictions on landlord access to personal Internet accounts. (a)
24Except as provided in par. (b), no landlord may do any of the following:
AB218,8,3
11. Request a tenant or prospective tenant to grant access to, allow observation
2of, or disclose information that allows access to or observation of the personal
3Internet account of the tenant or prospective tenant.
AB218,8,84 2. Discriminate in a manner described in s. 106.50 (2) against a tenant or
5prospective tenant for exercising the right to refuse a request under subd. 1.,
6opposing a practice prohibited under subd. 1., filing a complaint or attempting to
7enforce any right under subd. 1., or testifying or assisting in any action or proceeding
8to enforce any right under subd. 1.
AB218,8,119 (b) Paragraph (a) does not prohibit a landlord from viewing, accessing, or using
10information about a tenant or prospective tenant that can be obtained without access
11information or that is available in the public domain.
AB218,8,14 12(5) No duty to monitor. (a) Nothing in this section creates a duty for an
13employer, educational institution, or landlord to search or monitor the activity of any
14personal Internet account.
AB218,8,2015 (b) An employer, educational institution, or landlord is not liable under this
16section for any failure to request or require that an employee, applicant for
17employment, student, prospective student, tenant, or prospective tenant grant
18access to, allow observation of, or disclose information that allows access to or
19observation of a personal Internet account of the employee, applicant for
20employment, student, prospective student, tenant, or prospective tenant.
AB218,8,22 21(6) Enforcement. (a) Any person who violates sub. (2) (a), (3) (a), or (4) (a) may
22be required to forfeit not more than $1,000.
AB218,9,723 (b) An employee or applicant for employment who is discharged or otherwise
24discriminated against in violation of sub. (2) (a) 2. or a student or prospective student
25who is expelled, suspended, disciplined, or otherwise penalized in violation of sub.

1(3) (a) 2. may file a complaint with the department, and the department shall process
2the complaint in the same manner as employment discrimination complaints are
3processed under s. 111.39. If the department finds that a violation of sub. (2) (a) 2.
4or (3) (a) 2. has been committed, the department may order the employer or
5educational institution to take such action authorized under s. 111.39 as will remedy
6the violation. Section 111.322 (2m) applies to a discharge or other discriminatory act
7arising in connection with any proceeding under this paragraph.
AB218,9,138 (c) A tenant or prospective tenant who is discriminated against in violation of
9sub. (4) (a) 2. may file a complaint with the department, and the department shall
10process the complaint in the same manner as housing discrimination complaints are
11processed under s. 106.50. If the department finds that a violation of sub. (4) (a) 2.
12has been committed, the department may order the landlord to take such action
13authorized under s. 106.50 as will remedy the violation.
AB218,6 14Section 6. Initial applicability.
AB218,9,1815 (1) Collective bargaining agreement. This act first applies to an employee
16who is affected by a collective bargaining agreement that contains provisions
17inconsistent with this act on the day on which the collective bargaining agreement
18expires or is extended, modified, or renewed, whichever occurs first.
AB218,9,1919 (End)
Loading...
Loading...