895.487(1)(c)
(c) "Reference" means a statement about an employee's job performance or qualifications for employment and includes a statement about an employee's job performance or qualifications for employment provided pursuant to the settlement of a dispute between the employer and employee or provided pursuant to an agreement between the employer and employee relating to the termination of the employee's employment.
895.487(2)
(2) An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the employer knowingly provided false information in the reference, that the employer made the reference maliciously or that the employer made the reference in violation of
s. 111.322.
895.487 History
History: 1995 a. 441;
1997 a. 35.
895.49
895.49
Certain agreements to limit or eliminate tort liability void. 895.49(1)(1) Any provision to limit or eliminate tort liability as a part of or in connection with any contract, covenant or agreement relating to the construction, alteration, repair or maintenance of a building, structure, or other work related to construction, including any moving, demolition or excavation, is against public policy and void.
895.49(2)
(2) This section does not apply to any insurance contract or worker's compensation plan.
895.49(3)
(3) This section shall not apply to any provision of any contract, covenant or agreement entered into prior to July 1, 1978.
895.49 History
History: 1977 c. 441; Stats. 1977 s. 895.47;
1977 c. 447; Stats. 1977 s. 895.49.
895.49 Annotation
This section did not void an indemnity clause in a contract. Gerdmann v. U.S. Fire Ins. Co.
119 Wis. 2d 367,
350 N.W.2d 730 (Ct. App. 1984).
895.495
895.495
Safety devices on farm equipment, ordinary negligence. 895.495(1)(a)
(a) "Farm equipment" means a tractor or other machine used in the business of farming.
895.495(1)(b)
(b) "Safety device" means a guard, shield or other part that has the purpose of preventing injury to humans.
895.495(2)
(2) If a person in the business of selling or repairing farm equipment fabricates a safety device and installs the safety device on used farm equipment, after determining either that the farm equipment was not originally equipped with such a safety device or that a replacement is not available from the original manufacturer or from a manufacturer of replacements, and notifies the owner or purchaser of the farm equipment that the person fabricated the safety device, the person is not liable for claims founded in tort for damages arising from the safety device unless the claimant proves, by a preponderance of the evidence, that a cause of the claimant's harm was the failure to use reasonable care with respect to the design, fabrication, inspection, condition or installation of, or warnings relating to, the safety device.
895.495 History
History: 1993 a. 455.
895.50
895.50
Right of privacy. 895.50(1)(1) The right of privacy is recognized in this state. One whose privacy is unreasonably invaded is entitled to the following relief:
895.50(1)(a)
(a) Equitable relief to prevent and restrain such invasion, excluding prior restraint against constitutionally protected communication privately and through the public media;
895.50(1)(b)
(b) Compensatory damages based either on plaintiff's loss or defendant's unjust enrichment; and
895.50(2)
(2) In this section, "invasion of privacy" means any of the following:
895.50(2)(a)
(a) Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, in a place that a reasonable person would consider private or in a manner which is actionable for trespass.
895.50(2)(b)
(b) The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.
895.50(2)(c)
(c) Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person, if the defendant has acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter involved, or with actual knowledge that none existed. It is not an invasion of privacy to communicate any information available to the public as a matter of public record.
895.50(3)
(3) The right of privacy recognized in this section shall be interpreted in accordance with the developing common law of privacy, including defenses of absolute and qualified privilege, with due regard for maintaining freedom of communication, privately and through the public media.
895.50(4)
(4) Compensatory damages are not limited to damages for pecuniary loss, but shall not be presumed in the absence of proof.
895.50(6)(a)(a) If judgment is entered in favor of the defendant in an action for invasion of privacy, the court shall determine if the action was frivolous. If the court determines that the action was frivolous, it shall award the defendant reasonable fees and costs relating to the defense of the action.
895.50(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:
895.50(6)(b)1.
1. The action was commenced in bad faith or for harassment purposes.
895.50(6)(b)2.
2. The action was devoid of arguable basis in law or equity.
895.50(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.
895.50 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).
895.50 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).
895.50 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.
895.50 Annotation
Surveillance of a school district employee from public streets and highways by the employer school district agents to determine whether the employee was in violation of the district's residency policy did not violate this section. Munson v. Milwaukee Bd. of School Directors,
969 F.2d 266 (1992).
895.50 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).
895.50 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).
895.50 Annotation
The absence of false light from the Wisconsin privacy statute. 66 MLR 99 (1982).
895.50 Annotation
The tort of misappropriation of name or likeness under Wisconsin's new privacy law. Endejan, 1978 WLR 1029.
895.505
895.505
Disposal of records containing personal information. 895.505(1)(am)
(am) "Dispose" does not include a sale of a record or the transfer of a record for value.
895.505(1)(b)
(b) "Financial institution" means any bank, savings bank, savings and loan association or credit union that is authorized to do business under state or federal laws relating to financial institutions, any issuer of a credit card or any investment company.
895.505(1)(d)
(d) "Medical business" means any organization or enterprise operated for profit or not for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that possesses information, other than personnel records, relating to a person's physical or mental health, medical history or medical treatment.
895.505(1)(e)
(e) "Personal information" means any of the following:
895.505(1)(e)1.
1. Personally identifiable data about an individual's medical condition, if the data are not generally considered to be public knowledge.
895.505(1)(e)2.
2. Personally identifiable data that contain an individual's account or customer number, account balance, balance owing, credit balance or credit limit, if the data relate to an individual's account or transaction with a financial institution.
895.505(1)(e)3.
3. Personally identifiable data provided by an individual to a financial institution upon opening an account or applying for a loan or credit.
895.505(1)(e)4.
4. Personally identifiable data about an individual's federal, state or local tax returns.
895.505(1)(f)
(f) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.
895.505(1)(g)
(g) "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.
895.505(1)(h)
(h) "Tax preparation business" means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that for a fee prepares an individual's federal, state or local tax returns or counsels an individual regarding the individual's federal, state or local tax returns.
895.505(2)
(2) Disposal of records containing personal information. A financial institution, medical business or tax preparation business may not dispose of a record containing personal information unless the financial institution, medical business, tax preparation business or other person under contract with the financial institution, medical business or tax preparation business does any of the following:
895.505(2)(a)
(a) Shreds the record before the disposal of the record.
895.505(2)(b)
(b) Erases the personal information contained in the record before the disposal of the record.
895.505(2)(c)
(c) Modifies the record to make the personal information unreadable before the disposal of the record.
895.505(2)(d)
(d) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the record for the period between the record's disposal and the record's destruction.
895.505(3)(a)(a) A financial institution, medical business or tax preparation business is liable to a person whose personal information is disposed of in violation of
sub. (2) for the amount of damages resulting from the violation.
895.505(3)(b)
(b) Any person who, for any purpose, uses personal information contained in a record that was disposed of by a financial institution, medical business or tax preparation business is liable to an individual who is the subject of the information and to the financial institution, medical business or tax preparation business that disposed of the record for the amount of damages resulting from the person's use of the information. This paragraph does not apply to a person who uses personal information with the authorization or consent of the individual who is the subject of the information.
895.505(4)(a)(a) A financial institution, medical business or tax preparation business that violates
sub. (2) may be required to forfeit not more than $1,000. Acts arising out of the same incident or occurrence shall be a single violation.
895.505(4)(b)
(b) Any person who possesses a record that was disposed of by a financial institution, medical business or tax preparation business and who intends to use, for any purpose, personal information contained in the record may be fined not more than $1,000 or imprisoned for not more than 90 days or both. This paragraph does not apply to a person who possesses a record with the authorization or consent of the individual whose personal information is contained in the record.
895.505 History
History: 1999 a. 9.
895.505 Annotation
Disposing Medical, Financial Records. Franklin. Wis.Law. Dec. 1999.
895.51
895.51
Liability exemption: food donation, sale or distribution. 895.51(1)(b)
(b) "Charitable organization" means an organization the contributions to which are deductible by corporations in computing net income under
s. 71.26 (2).
895.51(1)(c)
(c) "Food distribution service" means a program of a private nonprofit organization that provides food products directly to individuals with low incomes or that collects food products for and distributes food products to persons who provide the food products directly to individuals with low incomes.
895.51(1)(e)
(e) "Qualified food" means food products that meet the standards of quality established by state law or rule or federal law or regulations, including food products that are not readily marketable due to appearance, age, freshness, grade, size, surplusage or other condition, except that "qualified food" does not include canned food products that are leaking, swollen, dented on a seam or not airtight.
895.51(2)
(2) Any person engaged in the processing, distribution or sale of food products, for profit or not for profit, who donates or sells, at a price not to exceed overhead and transportation costs, qualified food to a charitable organization or food distribution service is immune from civil liability for the death of or injury to an individual caused by the qualified food donated or sold by the person.
895.51(3)
(3) Any charitable organization or food distribution service which distributes free of charge qualified food to any person is immune from civil liability for the death of or injury to an individual caused by the qualified food distributed by the charitable organization or food distribution service.
895.51(4)
(4) This section does not apply if the death or injury was caused by wilful or wanton acts or omissions.
895.515
895.515
Liability exemption; equipment or technology donation. 895.515(1)(a)
(a) "Commercial equipment or technology" means goods or related procedures used or bought for use primarily in a business, including farming and a profession.
895.515(1)(b)
(b) "Institution of higher education" means an institution within the University of Wisconsin System, a technical college or a private, nonprofit institution of higher education located in this state.
895.515(2)
(2) Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology.
895.515(3)
(3) This section does not apply if the death or injury was caused by a wilful or wanton act or omission of the person who donated or accepted reimbursement for the commercial equipment or technology.
895.515(4m)
(4m) This section does not apply to the manufacturer of the donated commercial equipment or technology.
895.515 History
History: 1995 a. 112;
1997 a. 237.
895.517
895.517
Liability exemption: solid waste donation or sale.
