SB851: Bill Text

SB851,6,20 j. Education information that is not publicly available personally identifiable information under the federal Family Educational Rights and Privacy Act, 20 USC 1232g.

SB851,6,23 k. Inferences drawn from personal information that create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

SB851,7,2 2. “Personal information” does not include information that is lawfully made available from federal, state, or local government records if the information is used for a purpose that is compatible with the purpose for which the information is maintained and made available.

SB851,7,4 (j) “Sell” means to transfer, disseminate, disclose, release, rent, make available, or otherwise communicate for monetary or other valuable consideration.

SB851,7,12 (k) “Service provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit of its shareholders or other owners and that processes information on behalf of a business and to which the business discloses a consumer's personal information for a business purpose pursuant to a written contract that prohibits the recipient of the information from retaining, using, or disclosing the information for any purpose other than for the specific purpose of performing the services specified in the contract.

SB851,7,13 (L) “Third party” means a person that is not any of the following:

SB851,7,14 1. A business that collects personal information from consumers.

SB851,7,19 2. A person to whom a business discloses a consumer's personal information for a business purpose pursuant to a written contract that prohibits the person receiving the personal information from selling, retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract.

SB851,7,24 (m) “Verifiable consumer request” means a request, received by a business that has collected personal information about a consumer, that the business can reasonably verify to be from the consumer or the consumer's authorized representative or, if the consumer is under 13 years of age, the consumer's parent or guardian.

SB851,8,4 (2) Required notices. (a) If a business has an online privacy policy or a Wisconsin-specific description of consumers' privacy rights, the business shall disclose all of the following information in the policy or description in a form that is reasonably accessible to consumers:

SB851,8,6 1. The right of a consumer to request a disclosure under sub. (3) (a) and (c) and one or more methods that a consumer is able to use to make a request.

SB851,8,8 2. The categories of consumers' personal information collected in the preceding 12 months.

SB851,8,10 3. The categories of sources from which consumers' personal information was collected in the preceding 12 months.

SB851,8,12 4. The business or commercial purposes for collecting consumers' personal information.

SB851,8,14 5. If the business has sold consumers' personal information in the preceding 12 months, the business or commercial purposes for selling the personal information.

SB851,8,17 6. If the business has shared consumers' personal information with a 3rd party in the preceding 12 months, the categories of 3rd parties with whom the business has shared personal information.

SB851,8,21 7. A list of the categories of consumers' personal information sold, if the business has sold consumers' personal information in the preceding 12 months, or if the business has not sold consumers' personal information in the preceding 12 months, a disclosure of that fact.

SB851,9,2 8. A list of the categories of consumers' personal information disclosed for a business purpose, if the business has disclosed consumers' personal information for a business purpose in the preceding 12 months, or if the business has not disclosed consumers' personal information for a business purpose in the preceding 12 months, a disclosure of that fact.

SB851,9,6 (b) If a business does not have an online privacy policy or a Wisconsin-specific description of consumers' privacy rights under par. (a) and the business has an Internet site, the business shall disclose the information listed in par. (a) 1. to 8. on its Internet site in a form that is reasonably accessible to consumers.

SB851,9,8 (c) A business that makes a disclosure under par. (a) or (b) shall update the information in the disclosure at least once every 12 months.

SB851,9,12 (3) Disclosure of information collected. (a) 1. Upon receiving a verifiable consumer request from a consumer, a business that has collected personal information about that consumer shall promptly disclose and deliver free of charge to the consumer all of the following:

SB851,9,14 a. The categories of personal information it has collected about the consumer in the preceding 12 months.

SB851,9,16 b. The categories of sources from which the consumer's personal information was collected in the preceding 12 months.

SB851,9,18 c. The business or commercial purposes for collecting the consumer's personal information.

SB851,9,20 d. If the business has sold the consumer's personal information in the preceding 12 months, the business or commercial purposes for selling the personal information.

SB851,9,23 e. If the business has shared the consumer's personal information with 3rd parties in the preceding 12 months, the categories of 3rd parties with whom the business has shared personal information.

SB851,9,25 f. The specific pieces of personal information that the business has collected about the consumer in the preceding 12 months.

SB851,10,3 2. A business may disclose and deliver personal information to a consumer under this paragraph only after receiving a verifiable consumer request from the consumer.

SB851,10,7 3. A business shall make available to consumers 2 or more methods for submitting verifiable consumer requests for a disclosure under this paragraph including, at a minimum, a toll-free telephone number and, if the business maintains an Internet site, an Internet address.

SB851,10,13 4. a. Except as provided in subd. 4. b., a business shall deliver the disclosure required under this paragraph within 45 days of receiving a verifiable consumer request from a consumer. A business shall promptly take steps to determine whether a request received is a verifiable consumer request. The time that a business spends determining whether a request is a verifiable consumer request is included in the 45-day deadline under this subd. 4. a.

SB851,10,17 b. A business may deliver the disclosure required under this paragraph within 90 days after receiving a verifiable consumer request if reasonably necessary and if the business notifies the consumer of the delayed delivery before the time period under subd. 4. a. expires.

SB851,11,2 5. A business shall deliver personal information under this paragraph in writing and through the consumer's account with the business, if the consumer maintains an account with the business. If the consumer does not maintain an account with the business, the business shall deliver personal information under this paragraph by mail or electronically, at the choice of the consumer. If the business provides personal information under this paragraph electronically, the business shall provide the information in a portable and, to the extent technically feasible, a readily useable format that allows the consumer to transmit the information to another entity without hindrance.

SB851,11,5 6. A business may not require a consumer to create an account in order to submit a verifiable consumer request for a disclosure of personal information required under this paragraph.

SB851,11,7 7. A business is not required to provide personal information to a consumer under this paragraph more than 2 times in a 12-month period.

SB851,11,8 (b) Paragraph (a) does not require any of the following:

SB851,11,11 1. That a business retain any personal information collected for a single, onetime transaction, if the personal information is not sold or retained by the business.

SB851,11,13 2. That a business reidentify or otherwise link information that is not maintained in a manner that would be considered personal information.

SB851,11,16 (c) 1. Upon receiving a verifiable consumer request from a consumer, a business that has sold or disclosed for a business purpose personal information about that consumer shall disclose to the consumer the following information:

SB851,11,19 a. If the business has collected personal information in the preceding 12 months, the categories of personal information that the business collected about the consumer.

SB851,11,21 b. If the business sold the consumer's personal information in the preceding 12 months, the categories of the personal information that the business sold.

SB851,11,24 c. If the business sold the consumer's personal information in the preceding 12 months, for each 3rd party to whom the business sold the personal information, the categories of personal information that the business sold to the 3rd party.

SB851,12,3 d. If the business disclosed the consumer's personal information for a business purpose in the preceding 12 months, the categories of the personal information that the business disclosed.

SB851,12,5 2. A business shall identify the information required to be disclosed under subd. 1. c. separately from the information required to be disclosed under subd. 1. d.

SB851,12,9 3. A business shall make available to consumers 2 or more methods for submitting verifiable consumer requests for a disclosure under this paragraph including, at a minimum, a toll-free telephone number and, if the business maintains an Internet site, an Internet address.

SB851,12,15 4. a. Except as provided in subd. 4. b., a business shall deliver the disclosure required under this paragraph within 45 days of receiving a verifiable consumer request from a consumer. A business shall promptly take steps to determine whether a request received is a verifiable consumer request. The time that a business spends determining whether a request received is a verifiable consumer request is included in the 45-day deadline under this subd. 4. a.

SB851,12,19 b. A business may deliver the disclosure required under this paragraph within 90 days after receiving a verifiable consumer request if reasonably necessary and if the business notifies the consumer of the delayed delivery before the time period under subd. 4. a. expires.

SB851,13,3 5. A business shall deliver personal information under this paragraph in writing and through the consumer's account with the business, if the consumer maintains an account with the business. If the consumer does not maintain an account with the business, the business shall deliver personal information under this paragraph by mail or electronically, at the choice of the consumer. If the business provides information under this paragraph electronically, the business shall provide the information in a portable and, to the extent technically feasible, a readily useable format that allows the consumer to transmit the information to another entity without hindrance.

SB851,13,6 6. A business may not require a consumer to create an account in order to submit a verifiable consumer request for a disclosure of personal information required under this paragraph.

SB851,13,10 (4) Selling or collecting information. (a) A business may not collect a consumer's personal information or use the personal information for a particular purpose unless the business informs the consumer, at or before the point of collecting the information, about all of the following:

SB851,13,12 1. That the business will collect that category of personal information about the consumer.

SB851,13,14 2. The purpose for which the business will use the category of personal information collected.

SB851,13,16 (b) 1. A business may not sell a consumer's personal information to 3rd parties unless the business satisfies all of the following:

SB851,13,21 a. If the business has an Internet site, the business provides a clear and conspicuous link on the homepage of the Internet site, titled “Do Not Sell My Personal Information,” to an Internet page that enables a consumer or person authorized by the consumer to object to the sale of the consumer's personal information.

SB851,14,2 b. The business includes a statement explaining that a consumer may object to the sale of the consumer's personal information and a link to the Internet page required under subd. 1. a. in its online privacy policy or policies, if the business has an online privacy policy or policies, and any Wisconsin-specific description of consumers' privacy rights.

SB851,14,6 c. The business ensures that each individual responsible for handling consumer inquiries about the business's privacy practices or compliance with this section is informed of the requirements in this subdivision and par. (c) and of how to direct consumers to object to the sale of their personal information under par. (c).

SB851,14,9 2. Subdivision 1. does not require a business to provide the link described in subd. 1. a. on the homepage of an Internet site that the business makes available to the public generally, if all of the following apply:

SB851,14,11 a. The business maintains a separate and additional Internet site that the business dedicates to consumers.

SB851,14,13 b. The Internet site under subd. 2. a. satisfies the requirements under subd. 1. a.

SB851,14,16 c. The business takes reasonable steps to ensure that consumers in this state are directed to the Internet site under subd. 2. a. and not the homepage of the Internet site made available to the public generally.

SB851,14,21 (c) 1. a. A business may not sell personal information that the business collects about a consumer to a 3rd party if the consumer is 16 years of age or older and the consumer directs the business not to sell the consumer's personal information, unless the consumer subsequently provides express authorization for the business to sell the personal information.

SB851,15,2 b. A consumer may authorize another person to, as provided in subd. 1. a., direct a business not to sell the consumer's personal information. A representative authorized under this subd. 1. b. may not subsequently provide express authorization on behalf of the consumer for the business to sell the consumer's personal information.

SB851,15,5 2. A business may not sell personal information that the business collects about a consumer to a 3rd party if the business has actual knowledge that the consumer is under 16 years of age unless any of the following applies:

SB851,15,8 a. The consumer is at least 13 years of age and under 16 years of age and the consumer affirmatively authorizes the business to sell the consumer's personal information.

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.