(a) “Breach of security” means any instance in which a person, without 4
authorization or exceeding authorization, has gained access to, used, or disclosed 5
customer proprietary information.
(b) 1. “Broadband Internet access service” means a mass-market retail service 7
by wire or radio that provides the capability to transmit data and receive data from 8
all or substantially all Internet endpoints, including any capabilities that are 9
incidental to and enable the operation of the service, but excluding dial-up Internet 10
2. “Broadband Internet access service” includes any service that the 12
department finds is a functional equivalent of the service specified in subd. 1. or is 13
used to evade the requirements under this section.
(c) “Customer” means any of the following:
1. A current or former subscriber to broadband Internet access service who 16
resides in this state.
2. A person who resides in this state and uses or has used broadband Internet 18
access service that is provided under an agreement between a current or former 19
subscriber who resides in this state and a broadband Internet access service 20
(d) “Customer proprietary information” means any of the following 22
1. Individually identifiable information that relates to the quantity, technical 24
configuration, type, destination, location, or amount of use of a broadband Internet
access service subscribed to by a customer of a provider of that service, and that is 2
made available to the provider by the customer.
2. Any information that is linked or reasonably able to be linked to an 4
individual or a device.
3. Content of a customer's communications.
(e) “Material change” means any change that a customer, acting reasonably 7
under the circumstances, would consider important to his or her decisions 8
concerning his or her privacy, including any change to information required to be 9
presented in the notice required under sub. (2) (b).
(f) “Non-sensitive customer proprietary information” means customer 11
proprietary information that is not sensitive customer proprietary information.
(g) “Opt-in approval” means the method for obtaining customer consent in 13
which a provider obtains from the customer affirmative, express consent after the 14
customer is provided appropriate notification of the provider's request for consent.
(h) “Opt-out approval” means the method for obtaining customer consent in 16
which a customer is deemed to have consented if the customer has failed to object to 17
a provider's request after the customer is provided with appropriate notification of 18
the provider's request for consent.
(i) “Prospective customer” means an applicant for broadband Internet access 20
service who resides in this state.
(j) “Sensitive customer proprietary information” means customer proprietary 22
information that is any of the following:
1. Financial information.
2. Health information.
3. Information pertaining to a child.
4. A social security number.
5. Precise geo-location information.
6. Content of communications.
7. Web browsing history, smart phone or tablet computer application usage 5
history, and the functional equivalents of either.
(k) “Subscriber” means a person who enters into an agreement for the provision 7
of broadband Internet access services with a provider of broadband Internet access 8
services. “Subscriber” does not include a person who resells services.
9(2) Notice requirements
When notice required
. 1. A broadband Internet 10
access service provider shall make a notice available at all times to customers about 11
its policies concerning the privacy of the information that the provider obtains about 12
2. A broadband Internet access service provider shall notify a prospective 14
customer, at the point of sale, prior to a purchase of service, about its policies 15
concerning the privacy of information that the provider obtains about customers.
. A broadband Internet access service provider shall include all of 17
the following in the notice provided to customers under par. (a):
1. A specific description of the types of customer proprietary information that 19
the broadband Internet access service provider collects from providing broadband 20
Internet access service and how it uses that information.
2. A specific description of the circumstances under which the broadband 22
Internet access service provider discloses or permits access to each type of customer 23
proprietary information that it collects.
3. A specific description of the categories of entities to which the broadband 25
Internet access service provider discloses or permits to access customer proprietary
information and the purposes for which that information will be used by each 2
category of entities.
4. A specific description of the customer's rights to grant, deny, or withdraw 4
approval concerning the customer's proprietary information, including each of the 5
a. A statement that the customer's denial or withdrawal of approval to use, 7
disclose, or permit access to customer proprietary information will not affect the 8
provision of any broadband Internet access services to the customer.
b. A statement that any grant, denial, or withdrawal of approval for the use, 10
disclosure, or permission of access to customer proprietary information is valid until 11
the customer affirmatively revokes the grant, denial, or withdrawal.
c. A statement that the customer has the right to deny or withdraw approval 13
to use, disclose, or permit access to customer proprietary information at any time.
5. Access to a mechanism required under sub. (3) (d) 3.
A broadband Internet access service 16
provider shall provide a notice, through electronic mail or another means of prompt 17
communication agreed upon by the customer, to a customer of a material change to 18
its policies concerning the privacy of information that the provider obtains about the 19
customer. The notice shall include all of the following:
1. A specific description of the changes made to the provider's privacy policies, 21
including any changes to what customer proprietary information the provider 22
collects; how the provider uses, discloses, or permits access to that information; the 23
categories of entities to which it discloses or permits access to customer proprietary 24
information; and which, if any, changes are retroactive.
2. The description required under par. (b) 4.
3. Access to a mechanism required under sub. (3) (d) 3.
(d) When translation required
. If a broadband Internet access service provider 3
transacts business with a customer in a language other than English, the provider 4
shall translate the contents of the notices required under pars. (b) and (c) into the 5
language through which the provider transacts business with the customer.
6(3) Customer approval
Opt-in approval required
. Except as provided 7
under par. (c), a broadband Internet access service provider may not do any of the 8
following unless the provider obtains opt-in approval from the customer:
1. Use, disclose, or permit access to any of the customer's sensitive customer 10
2. Use, disclose, or permit access to any of the customer's proprietary 12
information previously collected by the provider for which the customer has not 13
previously granted approval under this paragraph or par. (b).
(b) Opt-out approval required
. 1. Except as provided under subd. 2. or par. (c), 15
a broadband Internet access service provider may not use, disclose, or permit access 16
to any of a customer's non-sensitive customer proprietary information unless the 17
provider obtains opt-out approval from the customer.
2. A broadband Internet access service provider may obtain opt-in approval 19
from a customer to use, disclose, or permit access to any of the customer's 20
non-sensitive customer proprietary information.
(c) Permissible use without customer approval
. A broadband Internet access 22
service provider may use, disclose, or permit access to customer proprietary 23
information without approval from the customer under par. (a) or (b) only for the 24
1. To provide the broadband Internet access service from which the information 2
is derived, or in its provision of services necessary to, or used in, the provision of that 3
2. To initiate, render, bill, or collect for broadband Internet access service.
3. To protect the rights or property of the broadband Internet access service 6
provider, or to protect users of the broadband Internet access service and other 7
providers from fraudulent, abusive, or unlawful use of the service.
4. To provide any marketing, referral, or administrative services to a customer 9
for the duration of a real-time interaction if the interaction was initiated by the 10
5. To provide location information or non-sensitive customer proprietary 12
information to any of the following:
a. A public safety answering point, as defined in s. 256.35 (1) (gm), emergency 14
medical service provider, emergency dispatch provider, public safety official, fire 15
service official, law enforcement official, or hospital emergency or trauma care 16
facility, in order to respond to the user's request for emergency services.
b. The user's legal guardian or a member of the user's immediate family, to 18
inform about the user's location in an emergency situation that involves the risk of 19
death or serious physical harm.
c. A provider of information or database management services only for the 21
purpose of assisting in the delivery of emergency services in response to an 22
6. As otherwise required or authorized by law.
(d) Solicitation and exercise of customer approval
. 1. A broadband Internet 25
access service provider shall request the approval required under par. (a) or (b) at the
point of sale to a customer and at the time the provider makes a material change to 2
its policies concerning the privacy of information that the provider obtains about a 3
2. A broadband Internet access service provider shall request customer 5
approval clearly and conspicuously, in language that is readily understandable and 6
not misleading, and each request shall include all of the following:
a. A disclosure of the types of customer proprietary information for which the 8
provider is seeking customer approval to use, disclose, or permit access to.
b. A disclosure of the purposes for which the customer's proprietary 10
information will be used.
c. A disclosure of the categories of entities to which the provider intends to 12
disclose or permit access to the customer proprietary information.
d. A means to easily access the notice required under sub. (2) (a) or (c).
e. A means to easily access the mechanism required under subd. 3.
3. A broadband Internet access service provider shall make available, at no 16
additional cost to the customer, a mechanism for a customer to grant, deny, or 17
withdraw opt-in approval or opt-out approval, or both, at any time.
4. A broadband Internet access service provider shall give effect to a customer's 19
grant, denial, or withdrawal of approval promptly, and the grant, denial, or 20
withdrawal of approval shall remain in effect until the customer revokes or limits the 21
grant, denial, or withdrawal of approval.
5. If a broadband Internet access service provider transacts business with a 23
customer in a language other than English, the provider shall translate the contents 24
required under subd. 2. and the instructions for using the mechanism required under
subd. 3. into the language through which the provider transacts business with the 2
3(4) Data security
. (a) A broadband Internet access service provider shall take 4
reasonable security measures to protect customer proprietary information from 5
unauthorized use, disclosure, or access.
(b) In implementing reasonable security measures under par. (a), a broadband 7
Internet access service provider shall appropriately take into account each of the 8
1. The nature and scope of the provider's activities.
2. The sensitivity of the data it collects.
3. The size of the provider.
4. The technical feasibility of implementing the security measures.
13(5) Data breach notification
. (a) Customer notification
. 1. Except as provided 14
in subd. 4., a broadband Internet access service provider shall, without unreasonable 15
delay, notify a customer about any breach of security involving customer proprietary 16
information pertaining to that customer within 30 days after the provider reasonably 17
determines that a breach of security has occurred unless the provider reasonably 18
determines that no harm to the customer is reasonably likely to occur as a result of 19
the breach of security.
2. A broadband Internet access service provider shall notify a customer about 21
a breach of security under subd. 1. by at least one of the following methods:
a. A written notification sent to either the customer's electronic mail address 23
or the postal address of record of the customer, or, for former customers, to the last 24
postal address ascertainable after reasonable investigation using commonly 25
b. Other electronic means of prompt communication agreed upon by the 2
customer for contacting that customer for breach of security notification purposes.
3. A broadband Internet access service provider shall provide all of the 4
following information in a notice required under subd. 1.:
a. The date, estimated date, or estimated date range of the breach of security.
b. A description of the customer proprietary information that was involved in 7
the breach of security or reasonably believed to have been involved in the breach of 8
c. Information that the customer may use to contact the provider to inquire 10
about the breach of security and the customer proprietary information that the 11
provider maintains about that customer.
d. Information about how to contact the department and any federal agencies 13
relevant to the service provided to the customer.
e. If the breach of security creates a risk of financial harm, information about 15
the national credit-reporting agencies and the steps customers can take to guard 16
against identity theft, including any credit monitoring, credit reporting, credit 17
freezes, or other consumer protections that the provider is offering customers 18
affected by the breach of security, including security freezes under s. 100.54.
4. Upon the request of a law enforcement agency, a broadband Internet access 20
service provider shall not disclose a breach of security to a customer.
(b) Notification to government agencies
. 1. Except as provided in subd. 3., a 22
broadband Internet access service provider shall notify the department and the 23
department of justice of any breach of security affecting 5,000 or more customers no 24
later than 7 business days after the provider reasonably determines that a breach
of security has occurred and at least 3 business days before notifying the affected 2
customers under par. (a) 1.
2. Except as provided in subd. 3., a broadband Internet access service provider 4
shall, without unreasonable delay, notify the department of any breach of security 5
affecting fewer than 5,000 customers within 30 days after the provider reasonably 6
determines that a breach of security has occurred.
3. A broadband Internet access service provider is not required to notify the 8
department under subd. 1. or 2. if it reasonably determines that no harm to 9
customers is reasonably likely to occur as a result of the breach of security.
(c) Record keeping
. 1. Except as provided in subd. 3., a broadband Internet 11
access service provider shall maintain a record, electronically or in some other 12
manner, of each breach of security and the notifications made to customers under 13
par. (a) 1. regarding that breach. The record shall include all of the following:
a. The date that the provider first determines that the breach of security 15
b. The date that customers were notified.
c. A written copy of all customer notifications.