SB851: Bill Text

SB851,15,10 b. The consumer is under 13 years of age and the consumer's parent or guardian affirmatively authorizes the business to sell the consumer's personal information.

SB851,15,12 3. A business that willfully disregards the age of a consumer is considered to have actual knowledge of the consumer's age.

SB851,15,17 4. A business may not request authorization from a consumer or the consumer's parent or guardian to sell the consumer's personal information within 12 months of the most recent occasion that the consumer, parent, or guardian directed the business not to sell the personal information or denied the business's request for authorization to sell the personal information.

SB851,15,21 5. A business that collects the personal information of a consumer in connection with receiving a direction under subd. 1. to not sell the consumer's personal information may use the personal information only for the purposes of implementing the consumer's direction not to sell the personal information.

SB851,16,2 (d) 1. A 3rd party may not sell personal information about a consumer that has been sold to the 3rd party by a business unless the 3rd party provides explicit notice to the consumer that the consumer's personal information has been sold to the 3rd party and that the 3rd party intends to sell the information and the 3rd party satisfies par. (b) 1. a. to c.

SB851,16,6 2. A 3rd party may not sell information about a consumer that has been sold to the 3rd party by a business if the consumer directs the 3rd party not to sell the consumer's personal information, unless the consumer subsequently provides express authorization for the 3rd party to sell the personal information.

SB851,16,8 (e) A business may not require a consumer to create an account in order to direct the business not to sell the consumer's personal information under par. (c).

SB851,16,11 (f) A business shall, to protect the personal information of consumers, implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information.

SB851,16,16 (5) Deletion of information. (a) Except as provided in par. (b), a business that receives a verifiable consumer request from a consumer to delete the consumer's personal information shall delete the personal information that the business has collected from the consumer from its records and direct any of the business's service providers to delete the consumer's personal information from their records.

SB851,16,19 (b) A business or its service provider is not required to delete a consumer's personal information if it is necessary for the business or its service provider to maintain the consumer's personal information for any of the following purposes:

SB851,16,24 1. To complete the transaction for which the personal information was collected, to provide a good or service requested by the consumer or reasonably anticipated to be requested by the consumer within the context of the business's ongoing relationship with the consumer, or to otherwise perform a contract between the business and the consumer.

SB851,17,2 2. To detect security incidents, to protect against malicious, deceptive, fraudulent, or illegal activity, or to prosecute a person responsible for that activity.

SB851,17,4 3. To debug to identify and repair errors that impair existing or intended functionality.

SB851,17,6 4. To exercise free speech, to ensure the right of another consumer to exercise free speech, or to exercise another right provided by law.

SB851,17,11 5. If the consumer provides informed consent, to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, if the business's deletion of the personal information is likely to render impossible or seriously impair the achievement of that research.

SB851,17,14 6. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer's relationship with the business.

SB851,17,15 7. To comply with a legal obligation.

SB851,17,18 8. To otherwise use the consumer's personal information internally in a lawful manner that is compatible with the context in which the consumer provided the information.

SB851,17,23 (6) Discrimination prohibited. (a) 1. A business may not discriminate against a consumer because the consumer makes a verifiable consumer request under sub. (3) (a) or (c) or (5) or because under sub. (4) (c) the personal information of the consumer was not permitted to be sold by the business, including by doing any of the following:

SB851,17,24 a. Denying goods or services to the consumer.

SB851,18,2 b. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

SB851,18,3 c. Providing a different level or quality of goods or services to the consumer.

SB851,18,5 d. Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

SB851,18,9 2. This paragraph does not prohibit a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if the difference is reasonably related to the value provided to the consumer by the consumer's data.

SB851,18,15 (b) 1. A business may offer financial incentives, including payments to consumers as compensation, for the collection of a consumer's personal information, the sale of a consumer's personal information, or the deletion of a consumer's personal information. A business may also offer a different price, rate, level, or quality of goods or services to a consumer if that difference is directly related to the value provided to the consumer by the consumer's data.

SB851,18,19 2. A business may enter a consumer into a financial incentive program described in subd. 1. only if the consumer or the consumer's parent or guardian affirmatively authorizes entry into the program after receiving a notice that clearly describes the material terms of the program.

SB851,18,21 3. A consumer or a consumer's parent or guardian may revoke entry into a financial incentive program described in subd. 1. at any time.

SB851,18,24 4. If a business offers a financial incentive program described in subd. 1., the business shall include a description of the program on the Internet page described in sub. (4) (b) 1. a. and in the policies described in sub. (4) (b) 1. b.

SB851,19,2 5. A business may not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

SB851,19,5 (7) Guidance; rules. (a) A business or 3rd party may request advice from the attorney general on how to comply with this section, and the attorney general shall respond to the request.

SB851,19,7 (b) The department of justice shall promulgate rules to implement this section, including the following:.

SB851,19,9 1. Rules that specify additional categories of personal information to those enumerated in sub. (1) (i) 1.

SB851,19,12 2. Rules that specify unique personal identifiers to address changes in technology, changes in data collection, obstacles to implementing this section, and privacy concerns.

SB851,19,14 3. Rules that specify additional methods for consumers to make requests and businesses to provide disclosures under this section.

SB851,19,17 4. Rules that establish any exceptions necessary to comply with other state or federal law, including exceptions relating to trade secrets and intellectual property rights.

SB851,19,18 5. Rules that establish procedures for the following:

SB851,19,19 a. The submission of a direction under sub. (4) (c) 1. a.

SB851,19,20 b. Business compliance with a direction submitted under sub. (4) (c) 1. a.

SB851,19,23 c. The use of a recognizable and uniform logo or button by all businesses to promote consumer awareness of the option to make a direction under sub. (4) (c) 1. a.

SB851,20,2 6. Rules that ensure that the notices and information that business are required to provide under this section are provided in a manner that may be easily understood by the average consumer, are accessible to consumers with disabilities, and are available in the language primarily used to interact with the consumer.

SB851,20,12 7. Rules that facilitate a consumer's or, under sub. (4) (c) 1. b., a representative's ability to make a request or submit a direction under this section, with the goal of minimizing the administrative burden on consumers, taking into account available technology, security concerns, and the burden on the business, to govern a business's determination that a request by a consumer is a verifiable consumer request, including by treating a request submitted through a password-protected account maintained by the consumer with the business while the consumer is logged into the account as a verifiable consumer request and providing a mechanism for a business to authenticate the identity of a consumer who does not maintain an account with the business and requests information or submits a direction under this section.

SB851,20,17 (c) The department of justice shall adjust the monetary threshold amount in sub. (1) (c) 1. a. in January of every odd-numbered year by the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor for the period since the last adjustment under this paragraph.

SB851,20,20 (8) Contracts in violation. A provision in a contract or agreement that purports to waive or limit a requirement under this section is void and unenforceable.

SB851,20,25 (9) Private cause of action. (a) 1. A consumer may initiate an action against a business to enforce a written statement under subd. 2. and may pursue injunctive or declaratory relief, damages in an amount not less than $100 and not more than $750 per consumer per incident or actual damages, whichever is greater, or any other relief the court deems proper if all of the following apply:

SB851,21,4 a. The consumer, on an individual or class-wide basis, provides the business with written notice identifying that the consumer's nonencrypted or nonredacted personal information is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business's violation of sub. (4) (f).

SB851,21,6 b. The business continues to violate sub. (4) (f) more than 30 days after receiving the written notice under subd. 1. a.

SB851,21,10 2. No action may be brought under subd. 1. if within 30 days of receiving a written notice under subd. 1. a., a business cures the noticed violation of sub. (4) (f) and provides the consumer that provided the written notice with an express written statement that the violation has been cured.

SB851,21,16 3. In assessing the amount of damages under subd. 1., a court shall consider the relevant circumstances presented by any of the parties to the case, including the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth.

SB851,21,18 (b) A consumer may initiate an action against a business solely for actual pecuniary damages suffered as a result of the business's violation of sub. (4) (f).

SB851,21,19 (10) Inapplicability. (a) This section does not do any of the following:

SB851,21,21 1. Restrict a business from complying with federal or state laws or local ordinances.

SB851,21,23 2. Restrict a business from complying with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.

SB851,22,2 3. Restrict a business, service provider, or 3rd party from cooperating with law enforcement agencies concerning conduct or activity that the business, service provider, or 3rd party reasonably and in good faith believes might violate federal, state, or local law.

SB851,22,3 4. Restrict a business from exercising or defending legal claims.

SB851,22,5 5. Restrict the collection, use, retention, sale, or disclosure of consumer information that is deidentified or aggregate consumer information.

SB851,22,9 6. Restrict the collection or sale of a consumer's personal information if the information is collected while the consumer was outside of this state, no part of any sale of the consumer's personal information occurs in this state, and no personal information collected from a consumer while the consumer is in this state is sold.

SB851,22,10 (b) This section does not apply to any of the following:

SB851,22,12 1. Medical information that is collected by a health care provider or entity and covered by federal law.

SB851,22,15 2. Information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects while following standards developed by international organizations of federal agencies.

SB851,22,19 3. Personal information sold to or from a consumer reporting agency, as defined in s. 422.501 (1m), if the information is reported in or used to generate a consumer report, as defined in s. 100.54 (1) (b), and the use of the information complies with the federal Fair Credit Reporting Act, 15 USC 1681 et seq.

SB851,22,21 4. Personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act, Public Law 106-102.

SB851,22,23 5. Personal information collected, processed, sold, or disclosed pursuant to the the federal Driver's Privacy Protection Act, 18 USC 2721 et seq.

SB851,23,3 (11) Violations; penalty. (a) If a series of steps or transactions are component parts of a single transaction intended from the beginning to be taken with the intention of avoiding the requirements of this section, including the disclosure of information by a business to a 3rd party in order to avoid constituting a sale, a court shall disregard the intermediate steps or transactions for purposes of this section.

SB851,23,9 (b) The department of justice may, if a business, service provider, or person violates this section more than 30 days after receiving notification of the violation from the department of justice, commence an action in the name of the state against the business, service provider, or other person to recover a forfeiture to the state of not more than $2,500 for each violation or a forfeiture of not more than $7,500 for each intentional violation.

SB851,2 Section 2 . Initial applicability.

SB851,23,12 (1) This act first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.

SB851,3 Section 3 . Effective date.

SB851,23,15 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB851,23,16 (End)