343.235(3)
(3) Subsection (2) does not apply to any of the following:
343.235(3)(a)
(a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, a federal governmental agency, or the commission to perform a legally authorized function.
343.235(3)(b)
(b) An insurer authorized to write property and casualty or life, disability or long-term care insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim. Notwithstanding
sub. (5), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this paragraph.
343.235(5)
(5) Any person who has received under
sub. (3) a personal identifier of any person who has made a designation under
s. 85.103 (2) or
(3) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under
sub. (3).
343.235(6)(a)(a) Any person who discloses a personal identifier in violation of this section may be required to forfeit not more than $500 for each violation.
343.235(6)(b)
(b) Any person who requests or obtains a personal identifier from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.
343.237
343.237
Access to license and identification card photographs and fingerprints. 343.237(1)(ag)
(ag) "Federal law enforcement agency" means a governmental unit of one or more persons employed by the federal government for the purpose of preventing and detecting crime and enforcing federal laws, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
343.237(1)(ar)
(ar) "Law enforcement agency of another state" means a governmental unit of one or more persons employed by a state other than this state or by a political subdivision of a state other than this state for the purpose of preventing and detecting crime and enforcing laws or ordinances of that state or a political subdivision of that state, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
343.237(2)
(2) Any photograph taken of an applicant under
s. 343.14 (3) or
343.50 (4), and any fingerprint taken of an applicant under
s. 343.12 (6) (b), may be maintained by the department and, except as provided in this section and
s. 165.8287, shall be kept confidential. Except as provided in this section and
s. 165.8287, the department may release a photograph or fingerprint only to the person whose photograph or fingerprint was taken or to the driver licensing agency of another jurisdiction.
343.237(3)
(3) The department shall provide a Wisconsin law enforcement agency or a federal law enforcement agency with a print or electronic copy of a photograph taken on or after September 1, 1997, of an applicant under
s. 343.14 (3) or
343.50 (4), or a printed or electronic copy of a fingerprint taken of an applicant under
s. 343.12 (6) (b), if the department receives a written request on the law enforcement agency's letterhead that contains all of the following:
343.237(3)(a)
(a) The name of the person whose photograph or fingerprint is requested.
343.237(3)(b)
(b) The name of the person making the request and the law enforcement agency that employs the requester.
343.237(3)(c)
(c) A statement signed by a division commander or higher authority within the law enforcement agency that the photograph or fingerprint is requested for any of the following purposes:
343.237(3)(d)
(d) For requests for photographs only, a statement that the request is not made solely to obtain a photograph for use as part of a photo lineup or photo array.
343.237(3)(e)
(e) If the requester is a federal law enforcement agency, a statement that the agency agrees to comply with all of the requirements under this section.
343.237(4)
(4) If a law enforcement agency of another state or the commission makes a request meeting all the requirements specified for a request by a Wisconsin law enforcement agency or a federal law enforcement agency under
sub. (3), the department shall comply with the request if all of the following apply:
343.237(4)(a)
(a) The law enforcement agency of the other state or the commission agrees to comply with all of the requirements under this section.
343.237(4)(b)
(b) The other state or the commission allows Wisconsin law enforcement agencies similar or greater access to similar information from that state or the commission.
343.237(4m)
(4m) The department shall attach to each copy of a photograph or fingerprint provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes." or "This fingerprint is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."