2. Subdivision 1. does not apply to any of the following:
a. Personal information that the judicial officer or an immediate family member of the judicial officer voluntarily publishes on the Internet after the effective date of this subd. 2. a. .... [LRB inserts date].
b. Personal information lawfully received from a state or federal government source, including from an employee or agent of the state or federal government.
(c) 1. After a person, business, or association has received a written request from a judicial officer to protect the privacy of the personal information of the judicial officer and the judicial officer's immediate family, the person, business, or association shall remove, within 10 business days, the publicly posted or displayed personal information identified in the request; ensure that the information is not publicly posted or displayed on any website or subsidiary website controlled by that person, business, or association; and identify any other publicly posted or displayed instances of the identified information that should also be removed.
2. After receiving a judicial officer's written request, no person, business, or association may transfer the judicial officer's personal information to any other person, business, or association through any medium, except as follows:
a. The person, business, or association may transfer personal information that the judicial officer or an immediate family member of the judicial officer voluntarily publishes on the Internet after the effective date of this subd. 2. a. .... [LRB inserts date].
b. The person, business, or association may transfer the judicial officer's personal information at the request of the judicial officer if the transfer is necessary to effectuate a request to the person, business, or association from the judicial officer.
(4) Procedure for completing a written request for protection of personal information. (a) No government agency, person, data broker, business, or association may be found to have violated any provision of this section if the judicial officer fails to submit a written request calling for the protection of the personal information of the judicial officer or the judicial officer's immediate family.
(b) 1. A written request under this subsection is valid if the request meets the requirements of par. (d) and if the judicial officer does any of the following:
a. Sends the written request directly to a government agency, person, data broker, business, or association.
b. If the director of state courts has a policy and procedure for a judicial officer to file the written request with the director of state court's office to notify government agencies, the judicial officer sends the written request to the director of state courts.
2. In each quarter of a calendar year, the director of state courts shall provide to the appropriate officer with ultimate supervisory authority for a government agency a list of all judicial officers who have submitted a written request under subd. 1. b. The officer shall promptly provide a copy of the list to the government agencies under his or her supervision. Receipt of the written request list compiled by the director of state courts office by a government agency shall constitute a written request to that agency for purposes of this subsection.
(c) A representative from the judicial officer's employer may submit a written request on the judicial officer's behalf, provided that the judicial officer has given written consent to the representative and provided that the representative agrees to furnish a copy of that consent when the written request is made. The representative shall submit the written request as provided under par. (b).
(d) A judicial officer's written request shall be made on a form prescribed by the director of state courts and shall specify what personal information shall be maintained as private. If a judicial officer wishes to identify a secondary residence as a home address, the designation shall be made in the written request. A judicial officer's written request shall disclose the identity of the officer's immediate family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal personal information of the judicial officer. Any person receiving a written request form submitted by or on behalf of a judicial officer under this paragraph shall treat the submission as confidential.
(e) 1. A judicial officer's written request is valid for 10 years or until the judicial officer's death, whichever occurs first.
2. Notwithstanding a judicial officer's written request, a government agency, person, data broker, business, or association may release personal information otherwise subject to the written request under any of the following circumstances:
a. As required in response to a court order.
b. If a judicial officer or immediate family member of the judicial officer consents to the release of his or her own personal information as provided under subd. 3.
c. If the judicial officer provides the government agency, person, data broker, business, or association with consent to release the personal information as provided under subd. 3.
3. A judicial officer or immediate family member of the judicial officer may consent to release personal information otherwise protected by a judicial officer's written request if the consent is made in writing on a form prescribed by the director of state courts. An immediate family member of the judicial officer may only consent to the release of his or her own personal information.
4. A judicial officer under sub. (1) (e) 1. to 3., or 6. may designate the director of state courts as the judicial officer's agent for purposes of service of process, and if the director of state courts receives service of process, notice, or demand required or permitted by law to be served on a judicial officer who has designated the director of state courts as his or her agent for purposes of service of process under this subdivision, the director of state courts shall forward the process, notice, or demand to the judicial officer's home address.
(4m) (a) In this subsection, “land records website” means a public website that allows users to search and retrieve a real estate property database or geographic records.
(b) Any provider of a public-facing land records website shall establish a process for judicial officers and immediate family members of judicial officers to opt out from the display and search functions of their names on the provider's public-facing land records website.
(5) (a) A judicial officer whose personal information is made public as a result of a violation of this section may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Notwithstanding s. 814.04, if the court grants injunctive or declaratory relief, the governmental agency, business, association, data broker, or other person responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney fees.
(b) Provided that an employee of a government agency has complied with the conditions set forth in sub. (2), it is not a violation of this section if an employee of a government agency publishes personal information, in good faith, on the website of the government agency in the ordinary course of carrying out public functions.
(c) It is unlawful for any person to knowingly publicly post or display on the Internet the personal information of a judicial officer or of the judicial officer's immediate family if the person intends the public posting or display of the personal information to create or increase a threat to the health and safety of the judicial officer or the judicial officer's immediate family and, under the circumstances, bodily injury or death of the judicial officer or a member of the judicial officer's immediate family is a natural and probable consequence of the posting or display. A person who violates this paragraph is guilty of a Class G felony.
(6) This section shall be construed broadly to favor the protection of the personal information of judicial officers and the immediate family of judicial officers.
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Section 8
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Effective date.
(1) This act takes effect on the first day of the 13th month beginning after publication.
