AB870: Bill Text

AB870,8,3 a. Describe the nature of the personal data breach including, if known, the categories and approximate number of consumers involved and the categories and approximate number of personal data records involved.

AB870,8,4 b. Describe the likely consequences of the personal data breach.

AB870,8,7 c. Describe the measures taken or proposed by the controller to address the personal data breach, including, if appropriate, measures to mitigate the possible adverse effects.

AB870,8,10 2. A controller is not required to make a notification under this paragraph if the personal data breach is unlikely to result in a risk to the rights and freedoms of consumers.

AB870,8,12 3. If it is not possible to provide the information required under subd. 1. at the same time, the controller may provide the information in stages without undue delay.

AB870,8,15 4. If a processor is aware of a personal data breach of personal data that the processor maintains on behalf of a controller, the processor shall notify the controller without undue delay.

AB870,8,21 (b) 1. Except as provided in subd. 2., if a controller is aware of a personal data breach of personal data maintained by the controller and the personal data breach is likely to result in a high risk to the rights and freedoms of consumers, the controller shall notify the consumers whose personal data is involved in the personal data breach. The notification shall describe in clear and plain language the nature of the personal data breach and contain the information described in par. (a) 1. b. and c.

AB870,8,23 2. A controller is not required to make a notification under this paragraph if any of the following applies:

AB870,9,2 a. The controller has implemented appropriate technical and organizational protection measures to the personal data involved in the personal data breach that render the personal data unintelligible to any person who is not authorized to access it.

AB870,9,4 b. The controller takes measures after the personal data breach that ensure that a high risk to the rights and freedoms of consumers is not likely to exist.

AB870,9,7 c. Making the notification involves unreasonable effort. If this subd. 2. c. applies, the controller shall publicly communicate about the personal data breach to consumers in an effective manner.

AB870,9,9 (5) Applicability. (a) This section does not require a controller to confirm processing or provide a copy of the following types of information:

AB870,9,11 1. Health information protected by the federal Health Insurance Portability and Accountability Act of 1996.

AB870,9,12 2. Information identifying a patient covered by 42 USC 290dd-2.

AB870,9,14 3. Information collected as part of research subject to the Federal Policy for the Protection of Human Subjects, 45 CFR part 46, or subject to 21 CFR parts 50 and 56.

AB870,9,16 4. Information and documents created specifically for and collected and maintained by a hospital.

AB870,9,18 5. Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 USC 11101 et seq.

AB870,9,20 6. Patient safety work product information for purposes of 42 USC 299b-21 to 299b-26.

AB870,9,23 7. Information maintained by a health care provider, a health care facility, or an entity covered by the federal Health Insurance Portability and Accountability Act of 1996.

AB870,10,3 8. Personal information provided to or from or held by a consumer reporting agency, as defined in s. 422.501 (1m), if the use of the information complies with the federal Fair Credit Reporting Act, 15 USC 1681 et seq.

AB870,10,5 9. Personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act, P.L. 106-102.

AB870,10,7 10. Personal information collected, processed, sold, or disclosed pursuant to the federal Driver's Privacy Protection Act, 18 USC 2721 et seq.

AB870,10,8 11. Information maintained for employment records.

AB870,10,10 (b) This section does not apply to a consumer who processes personal data in connection with a purely personal or household activity.

AB870,10,12 (c) This section does not apply to a controller that processes a consumer's personal data for literary or artistic purposes.

AB870,10,15 (d) This section does not apply to a controller that processes a consumer's personal data, that intends to publish the personal data, and that believes that publication of the personal data is in the public interest.

AB870,10,17 (6) Enforcement; penalties. (a) The attorney general may investigate violations of this section and may bring actions for enforcement of this section.

AB870,10,20 (b) 1. A controller who violates sub. (4) shall be fined not more than $10,000,000 or not more than 2 percent of the controller's total annual revenue during the preceding financial year, whichever is greater.

AB870,10,23 2. A controller who violates sub. (2) or (3) shall be fined not more than $20,000,000 or not more than 4 percent of the controller's total annual revenue during the preceding financial year, whichever is greater.

AB870,11,3 3. A court may not impose in the same action more than one fine on a controller under this paragraph unless the additional fine is imposed for a violation that does not involve the same or linked processing activities by the controller.

AB870,2 Section 2. Effective date.

AB870,11,5 (1) This act takes effect on July 31, 2022.

AB870,11,6 (End)