343.235(2) (2) In providing copies under s. 19.35 (1) (a) of any written information collected or prepared under this chapter which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under s. 85.103 (2) or (3).
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 or a federal governmental agency 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) (6)
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.
343.235(6)(c) (c) Paragraphs (a) and (b) do not apply to a legal custodian under s. 19.33 of the department.
343.235 History History: 1991 a. 269; 1999 a. 88.
343.237 343.237 Access to license and identification card photographs.
343.237(1)(1) In this section:
343.237(1)(a) (a) "Law enforcement agency of a physically adjacent state" has the meaning given in s. 175.46 (1) (b).
343.237(1)(b) (b) "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).
343.237(2) (2) Any photograph taken of an applicant under s. 343.14 (3) or 343.50 (4) may be maintained by the department and, except as provided in this section, shall be kept confidential. Except as provided in this section, the department may release a photograph only to the person whose photograph was taken.
343.237(3) (3) The department shall provide a Wisconsin law enforcement agency with a copy of a photograph taken on or after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4) if the department receives a written request on the Wisconsin law enforcement agency's letterhead that contains all of the following:
343.237(3)(a) (a) The name of the person whose photograph is requested.
343.237(3)(b) (b) The name of the person making the request and the Wisconsin law enforcement agency that employs the requester.
343.237(3)(c) (c) A statement signed by a division commander or higher authority within the Wisconsin law enforcement agency that the photograph is requested for any of the following purposes:
343.237(3)(c)1. 1. An investigation of unlawful activity.
343.237(3)(c)2. 2. A missing person investigation.
343.237(3)(c)3. 3. The identification of an accident victim.
343.237(3)(c)4. 4. The identification of a deceased person.
343.237(3)(d) (d) 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(4) (4) If a law enforcement agency of a physically adjacent state makes a request meeting all the requirements specified for a request by a Wisconsin 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 physically adjacent state agrees to comply with all the requirements under this section.
343.237(4)(b) (b) The physically adjacent state allows Wisconsin law enforcement agencies similar or greater access to similar information from that physically adjacent state.
343.237(4m) (4m) The department shall attach to each copy of a photograph provided under this section the notation: "This photograph is subject to the requirements and restrictions of section 343.237 of the Wisconsin Statutes."
343.237(5) (5) Any law enforcement agency that has in its possession a copy of a photograph provided to it under sub. (3) or (4) shall destroy any copies of the photograph in its possession when the photograph is no longer necessary for the investigatory or identification purpose specified in its request for the copy of the photograph.