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1(e) Nothing in this section shall be construed as an obligation imposed on
2controllers and processors that adversely affects the rights or freedoms of any
3persons, such as exercising the right of free speech pursuant to the First Amendment
4to the U.S. Constitution, or applies to the processing of personal data by a person in
5the course of a purely personal or household activity.
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(f) Personal data processed by a controller pursuant to this subsection may not
7be processed for any purpose other than those expressly listed in this subsection
8unless otherwise allowed by this section. Personal data processed by a controller
9pursuant to this subsection may be processed to the extent that such processing is
10both of the following:
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1. Reasonably necessary and proportionate to the purposes listed in this
12subsection.
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2. Adequate, relevant, and limited to what is necessary in relation to the
14specific purposes listed in this subsection. Personal data collected, used, or retained
15pursuant to par. (b) shall, where applicable, take into account the nature and purpose
16or purposes of such collection, use, or retention. Such data shall be subject to
17reasonable administrative, technical, and physical measures to protect the
18confidentiality, integrity, and accessibility of the personal data and to reduce
19reasonably foreseeable risks of harm to consumers relating to such collection, use,
20or retention of personal data.
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(g) If a controller processes personal data pursuant to an exemption in this
22section, the controller bears the burden of demonstrating that such processing
23qualifies for the exemption and complies with the requirements in par. (f).
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(h) Processing personal data for the purposes expressly identified in par. (a)
25shall not solely make an entity a controller with respect to such processing.
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1(8) Scope; exemptions. (a) This section applies to persons that conduct
2business in this state or produce products or services that are targeted to residents
3of this state and who satisfy either of the following:
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1. During a calendar year, the person controls or processes personal data of at
5least 100,000 consumers.
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2. The person controls or processes personal data of at least 25,000 consumers
7and derives over 50 percent of gross revenue from the sale of personal data.
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(b) This section shall not apply to any of the following:
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1. An association, authority, board, department, commission, independent
10agency, institution, office, society, or other body in state or local government created
11or authorized to be created by the constitution or any law.
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2. Financial institutions or data subject to Title V of the federal
13Gramm-Leach-Bliley Act,
15 USC 6801 et seq.
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3. A covered entity or business associate governed by the privacy, security, and
15breach notification rules issued by the federal department of health and human
16services,
45 CFR Parts 160 and
164 established pursuant to the federal Health
17Insurance Portability and Accountability Act of 1996, and the federal Health
18Information Technology for Economic and Clinical Health Act.
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4. A nonprofit organization.
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5. An institution of higher education.
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(c) The following information and data are exempt from this section:
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1. Protected health information under the federal Health Insurance Portability
23and Accountability Act of 1996.
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2. Patient health care records, as defined in s. 146.81 (4).
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3. Treatment records, as defined in s. 51.30 (1) (b).
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14. Patient identifying information for purposes of
42 USC 290dd-2.
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5. Any of the following:
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a. Identifiable private information for purposes of the federal policy for the
4protection of human subjects under
45 CFR Part 46.
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b. Identifiable private information that is otherwise information collected as
6part of human subjects research pursuant to the good clinical practice guidelines
7issued by the International Council for Harmonisation of Technical Requirements
8for Pharmaceuticals for Human Use or under
21 CFR Parts 50 and
56.
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c. Personal data used or shared in research conducted in accordance with the
10requirements set forth in this section, or other research conducted in accordance with
11applicable law.
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6. Information and documents created for purposes of the federal Health Care
13Quality Improvement Act of 1986,
42 USC 11101 et seq.
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7. Patient safety work product for purposes of the federal Patient Safety and
15Quality Improvement Act,
42 USC 299b-21 et seq.
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8. Information derived from any of the health care-related information listed
17in this paragraph that is deidentified in accordance with the requirements for
18deidentification pursuant to the federal Health Insurance Portability and
19Accountability Act of 1996.
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9. Information originating from, and intermingled to be indistinguishable
21with, or information treated in the same manner as information exempt under this
22paragraph that is maintained by a covered entity or business associate as defined by
23the federal Health Insurance Portability and Accountability Act of 1996 or a program
24or a qualified service organization as defined by
42 USC 290dd-2.
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110. Information used only for public health activities and purposes as
2authorized by the federal Health Insurance Portability and Accountability Act of
31996.
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11. The collection, maintenance, disclosure, sale, communication, or use of any
5personal information bearing on a consumer's credit worthiness, credit standing,
6credit capacity, character, general reputation, personal characteristics, or mode of
7living by a consumer reporting agency, furnisher, or user that provides information
8for use in a consumer report, and by a user of a consumer report, but only to the extent
9that such activity is regulated by and authorized under the federal Fair Credit
10Reporting Act,
15 USC 1681 et seq.
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12. Personal data collected, processed, sold, or disclosed in compliance with the
12federal Driver's Privacy Protection Act of 1994,
18 USC 2721 et seq.
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13. Personal data regulated by the federal Family Educational Rights and
14Privacy Act,
20 USC 1232g et seq.
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14. Personal data collected, processed, sold, or disclosed in compliance with the
16federal Farm Credit Act,
12 USC 2001 et seq.
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15. Data processed or maintained for any of the following purposes:
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a. In the course of an individual applying to, employed by, or acting as an agent
19or independent contractor of a controller, processor, or 3rd party, to the extent that
20the data is collected and used within the context of that role.
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b. As the emergency contact information of an individual under this section
22used for emergency contact purposes.
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c. That is necessary to retain to administer benefits for another individual
24relating to an individual described in subd. 15. a. and used for the purposes of
25administering those benefits.
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1(d) Controllers and processors that comply with the verifiable parental consent
2requirements of the Children's Online Privacy Protection Act,
15 USC 6501 et seq.,
3shall be deemed compliant with any obligation to obtain parental consent under this
4section.
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5(9) Violations. (a) The attorney general shall have exclusive authority to
6enforce violations of this section.
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(b) 1. Prior to initiating any action under this section, the attorney general shall
8provide a controller or processor 30 days' written notice identifying the specific
9provisions of this section the attorney general, on behalf of a consumer, alleges have
10been or are being violated. If within the 30 days the controller or processor cures the
11noticed violation and provides the attorney general an express written statement
12that the alleged violations have been cured and that no further violations shall occur,
13no action for statutory damages shall be initiated against the controller or processor.
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2. If a controller or processor continues to violate this section in breach of an
15express written statement provided to the consumer under this section, the attorney
16general may initiate an action and seek damages for up to $7,500 for each violation
17under this section.
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(c) Nothing in this section shall be construed as providing the basis for, or be
19subject to, a private right of action to violations of this section or under any other law.
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20(10) Enforcement. (a) The attorney general retains exclusive authority to
21enforce this section by bringing an action in the name of the state, or on behalf of
22persons residing in the state. The attorney general may issue a civil investigative
23demand to any controller or processor believed to be engaged in, or about to engage
24in, any violation of this section, and by the civil investigative demand the attorney
25general may compel the attendance of any officers or agents of the controller or
1processor, examine the officers or agents of the controller or processor under oath,
2require the production of any books or papers that the attorney general deems
3relevant or material to the inquiry, and issue written interrogatories to be answered
4by the officers or agents of the controller or processor.
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(b) Any controller or processor that violates this section is subject to an
6injunction and liable for a forfeiture of not more than $7,500 for each violation.
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(c) Notwithstanding s. 814.04 (1), the attorney general may recover reasonable
8expenses incurred in investigating and preparing the case, including attorney fees,
9of any action initiated under this section.
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10(11) Local preemption. No city, village, town, or county may enact or enforce
11an ordinance that regulates the collection, processing, or sale of personal data.
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12Section
2.
Effective date.
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(1)
This act takes effect on January 1, 2024.