895.486(1)(c)
(c) A payment made in accordance with the terms of an insurance policy.
895.486(2)
(2) Any person who, absent malice, files a report with or furnishes information concerning suspected, anticipated, or completed insurance fraud is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information to any of the following or to their agents, employees or designees:
895.486(2)(c)
(c) The National Association of Insurance Commissioners.
895.486(2)(d)
(d) Any governmental agency established to detect and prevent insurance fraud.
895.486(2)(e)
(e) Any nonprofit organization established to detect and prevent insurance fraud.
895.486(2)(f)
(f) Any insurer or authorized representative of an insurer.
895.486(3)
(3) Any information furnished by an insurer in response to a report or information furnished under
sub. (2) is confidential and may be made public only if required in a civil or criminal action.
895.486(4)
(4) If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under
sub. (2) and the court determines that the person is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information, the person filing the report or furnishing the information shall recover costs under
ch. 814 and, notwithstanding
s. 814.04 (1), reasonable attorney fees.
895.486 History
History: 1995 a. 177.
895.487
895.487
Civil liability exemption; employment references. 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.
895.487 Annotation
The malice referred to in sub. (2) is express malice, which requires a showing of ill will, bad intent, envy, spite, hatred, revenge, or other bad motives against the person defamed, and not actual malice, which requires statements made with knowledge of falsity or with reckless disregard for the truth. Gibson v. Overnite Transportation Co. 2003 WI App 210,
267 Wis. 2d 429,
671 N.W.2d 388,
02-3158.
895.497
895.497
Liability exemption: furnishing safety services relating to child safety restraint systems. 895.497(1)(a)
(a) "Child passenger safety technician" means a person who holds a valid certification as a child passenger safety technician or technician instructor issued by the National Highway Traffic Safety Administration or any entity authorized by the National Highway Traffic Safety Administration to issue such certifications.
895.497(1)(b)
(b) "Safety program" means any program utilizing the services of child passenger safety technicians and not conducted for pecuniary profit that provides assistance, inspections, education, or advice to the public in the fitting, installation, or adjustment of child safety restraint systems.
895.497(1)(c)
(c) "Sponsoring organization" means any person or organization that does any of the following:
895.497(2)(a)(a) A child passenger safety technician who inspects, installs, fits, or adjusts any child safety restraint system specified under
s. 347.48 (4), or who provides education or other assistance or advice relating to the safe installation, fitting, or adjustment of child safety restraint systems, is immune from civil liability for his or her acts or omissions in rendering in good faith such services.
895.497(2)(b)
(b) The immunity under
par. (a) does not extend to any of the following:
895.497(2)(b)1.
1. A person who receives compensation for providing the services specified in
par. (a), other than reimbursement for expenses.
895.497(2)(b)2.
2. A person whose acts or omissions in providing the services specified in
par. (a) involve reckless, wanton, or intentional misconduct.
895.497(2)(c)
(c) The good faith of a person in providing the services specified in
par. (a) is presumed in any civil action if the services provided are within the scope of the person's training for which the person has been certified. Any person who asserts that the acts or omissions under
par. (a) were not made in good faith has the burden of proving that assertion by clear and convincing evidence.
895.497(3)
(3) A sponsoring organization is immune from civil liability arising from any acts or omissions of a child passenger safety technician in providing services specified in
sub. (2) (a) or arising in connection with a safety program if the sponsoring organization receives no compensation for the services provided by the child passenger safety technician or for participating in the safety program.
895.497 History
History: 2005 a. 322.
895.506
895.506
Liability exemption; weight gain and obesity claims. 895.506(1)(1) Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in
21 USC 321 (f), is immune from civil liability for a person's weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.
895.506(2)
(2) Subsection (1) does not apply to any of the following:
895.506(2)(a)
(a) A claim that a defendant under
sub. (1) knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.
895.506(2)(b)
(b) A claim for breach of contract or express warranty in connection with the purchase of the food.
895.506(3)
(3) In addition to the costs allowed under
s. 814.04, a defendant that prevails on a motion under
s. 802.08 filed in an action under
sub. (2) may recover reasonable attorney fees and the costs of the investigation and litigation.
895.506 History
History: 2005 a. 325.
895.507
895.507
Notice of unauthorized acquisition of personal information. 895.507(1)(a)1.1. "Entity" means a person, other than an individual, that does any of the following:
895.507(1)(a)1.a.
a. Conducts business in this state and maintains personal information in the ordinary course of business.
895.507(1)(a)2.a.
a. The state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.
895.507(1)(am)
(am) "Name" means an individual's last name combined with the individual's first name or first initial.
895.507(1)(b)
(b) "Personal information" means an individual's last name and the individual's first name or first initial, in combination with and linked to any of the following elements, if the element is not publicly available information and is not encrypted, redacted, or altered in a manner that renders the element unreadable:
895.507(1)(b)2.
2. The individual's driver's license number or state identification number.
895.507(1)(b)3.
3. The number of the individual's financial account number, including a credit or debit card account number, or any security code, access code, or password that would permit access to the individual's financial account.
895.507(1)(b)5.
5. The individual's unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.
895.507(1)(c)
(c) "Publicly available information" means any information that an entity reasonably believes is one of the following:
895.507(1)(c)2.
2. Lawfully made available to the general public from federal, state, or local government records or disclosures to the general public that are required to be made by federal, state, or local law.
895.507(2)(a)(a) If an entity whose principal place of business is located in this state or an entity that maintains or licenses personal information in this state knows that personal information in the entity's possession has been acquired by a person whom the entity has not authorized to acquire the personal information, the entity shall make reasonable efforts to notify each subject of the personal information. The notice shall indicate that the entity knows of the unauthorized acquisition of personal information pertaining to the subject of the personal information.
895.507(2)(b)
(b) If an entity whose principal place of business is not located in this state knows that personal information pertaining to a resident of this state has been acquired by a person whom the entity has not authorized to acquire the personal information, the entity shall make reasonable efforts to notify each resident of this state who is the subject of the personal information. The notice shall indicate that the entity knows of the unauthorized acquisition of personal information pertaining to the resident of this state who is the subject of the personal information.
895.507(2)(bm)
(bm) If a person, other than an individual, that stores personal information pertaining to a resident of this state, but does not own or license the personal information, knows that the personal information has been acquired by a person whom the person storing the personal information has not authorized to acquire the personal information, and the person storing the personal information has not entered into a contract with the person that owns or licenses the personal information, the person storing the personal information shall notify the person that owns or licenses the personal information of the acquisition as soon as practicable.
895.507(2)(br)
(br) If, as the result of a single incident, an entity is required under
par. (a) or
(b) to notify 1,000 or more individuals that personal information pertaining to the individuals has been acquired, the entity shall without unreasonable delay notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in
15 USC 1681a(p), of the timing, distribution, and content of the notices sent to the individuals.
895.507(2)(cm)
(cm) Notwithstanding
pars. (a),
(b),
(bm), and
(br), an entity is not required to provide notice of the acquisition of personal information if any of the following applies:
895.507(2)(cm)1.
1. The acquisition of personal information does not create a material risk of identity theft or fraud to the subject of the personal information.
895.507(2)(cm)2.
2. The personal information was acquired in good faith by an employee or agent of the entity, if the personal information is used for a lawful purpose of the entity.
895.507(3)
(3) Timing and manner of notice; other requirements. 895.507(3)(a)(a) Subject to
sub. (5), an entity shall provide the notice required under
sub. (2) within a reasonable time, not to exceed 45 days after the entity learns of the acquisition of personal information. A determination as to reasonableness under this paragraph shall include consideration of the number of notices that an entity must provide and the methods of communication available to the entity.
895.507(3)(b)
(b) An entity shall provide the notice required under
sub. (2) by mail or by a method the entity has previously employed to communicate with the subject of the personal information. If an entity cannot with reasonable diligence determine the mailing address of the subject of the personal information, and if the entity has not previously communicated with the subject of the personal information, the entity shall provide notice by a method reasonably calculated to provide actual notice to the subject of the personal information.
895.507(3)(c)
(c) Upon written request by a person who has received a notice under
sub. (2) (a) or
(b), the entity that provided the notice shall identify the personal information that was acquired.
895.507(3m)
(3m) Regulated entities exempt. This section does not apply to any of the following:
895.507(3m)(a)
(a) An entity that is subject to, and in compliance with, the privacy and security requirements of
15 USC 6801 to
6827, or a person that has a contractual obligation to such an entity, if the entity or person has in effect a policy concerning breaches of information security.
895.507(4)
(4) Effect on civil claims. Failure to comply with this section is not negligence or a breach of any duty, but may be evidence of negligence or a breach of a legal duty.
895.507(5)
(5) Request by law enforcement not to notify. A law enforcement agency may, in order to protect an investigation or homeland security, ask an entity not to provide a notice that is otherwise required under
sub. (2) for any period of time and the notification process required under
sub. (2) shall begin at the end of that time period. Notwithstanding
subs. (2) and
(3), if an entity receives such a request, the entity may not provide notice of or publicize an unauthorized acquisition of personal information, except as authorized by the law enforcement agency that made the request.
895.507(6m)
(6m) Local ordinances or regulations prohibited. No city, village, town, or county may enact or enforce an ordinance or regulation that relates to notice or disclosure of the unauthorized acquisition of personal information.
895.507(7m)
(7m) Effect of federal legislation. If the joint committee on administrative rules determines that the federal government has enacted legislation that imposes notice requirements substantially similar to the requirements of this section and determines that the legislation does not preempt this section, the joint committee on administrative rules shall submit to the revisor of statutes for publication in the Wisconsin administrative register a notice of its determination. This section does not apply after publication of a notice under this subsection.
895.507 History
History: 2005 a. 138.
895.51
895.51
Civil 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).
