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(i) “Publicly post or display” means to intentionally communicate or otherwise
8make available to the general public.
SB927-SSA2,10,119
(j) “Transfer” means to sell, license, trade, or exchange for consideration the
10personal information of a judicial officer or a judicial officer's immediate family
11member.
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(k) “Written request” means written notice signed by a judicial officer or a
13representative of the judicial officer's employer requesting a government agency,
14business, association, or other person to refrain from publicly posting or displaying
15publicly available content that includes the personal information of the judicial
16officer or judicial officer's immediate family.
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17(2) Publicly posting or displaying a judicial officer's personal information
18by a government agency. (a) A government agency may not publicly post or display
19publicly available content that includes a judicial officer's personal information,
20provided that the government agency has received a written request in accordance
21with sub. (4) that it refrain from disclosing the judicial officer's personal information.
22After a government agency has received a written request, that agency shall remove
23the judicial officer's personal information from publicly available content within 10
24business days. After the government agency has removed the judicial officer's
25personal information from publicly available content, the agency may not publicly
1post or display the information, and the judicial officer's personal information shall
2be exempt from inspection and copying under s. 19.35 unless the government agency
3has received consent as provided under sub. (4) (e) to make the personal information
4available to the public.
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(b) Nothing in this subsection prohibits a government agency from providing
6access to records containing the personal information of a judicial officer to a 3rd
7party if the 3rd party meets any of the following criteria:
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1. Possesses a signed consent document, as provided under sub. (4) (e).
SB927-SSA2,11,992. Is subject to the requirements of
15 USC 6801, et seq.
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3. Executes a confidentiality agreement with the government agency.
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11(3) Data brokers and other persons and businesses. (a) No data broker may
12knowingly sell, license, trade, purchase, or otherwise make available for
13consideration the personal information of a judicial officer or a judicial officer's
14immediate family, provided that the judicial officer has made a written request to the
15data broker. The data broker shall cease knowingly selling, licensing, trading,
16purchasing, or otherwise making available personal information for consideration
17pursuant to the written request within 10 business days of the written request.
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(b) 1. No person, business, or association may publicly post or display on the
19Internet publicly available content that includes the personal information of a
20judicial officer or the judicial officer's immediate family, provided that the judicial
21officer has made a written request to the person, business, or association that it
22refrain from disclosing or acquiring the personal information.
SB927-SSA2,11,2323
2. Subdivision 1. does not apply to any of the following:
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1a. Personal information that the judicial officer or an immediate family
2member of the judicial officer voluntarily publishes on the Internet after the effective
3date of this subd. 2. a. .... [LRB inserts date].
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b. Personal information lawfully received from a state or federal government
5source, including from an employee or agent of the state or federal government.
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(c) 1. After a person, business, or association has received a written request
7from a judicial officer to protect the privacy of the personal information of the judicial
8officer and the judicial officer's immediate family, the person, business, or
9association shall remove, within 10 business days, the publicly posted or displayed
10personal information identified in the request; ensure that the information is not
11publicly posted or displayed on any website or subsidiary website controlled by that
12person, business, or association; and identify any other publicly posted or displayed
13instances of the identified information that should also be removed.
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2. After receiving a judicial officer's written request, no person, business, or
15association may transfer the judicial officer's personal information to any other
16person, business, or association through any medium, except as follows:
SB927-SSA2,12,2017
a. The person, business, or association may transfer personal information that
18the judicial officer or an immediate family member of the judicial officer voluntarily
19publishes on the Internet after the effective date of this subd. 2. a. .... [LRB inserts
20date].
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b. The person, business, or association may transfer the judicial officer's
22personal information at the request of the judicial officer if the transfer is necessary
23to effectuate a request to the person, business, or association from the judicial officer.
SB927-SSA2,13,3
24(4) Procedure for completing a written request for protection of personal
25information. (a) No government agency, person, data broker, business, or
1association may be found to have violated any provision of this section if the judicial
2officer fails to submit a written request calling for the protection of the personal
3information of the judicial officer or the judicial officer's immediate family.
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(b) 1. A written request under this subsection is valid if the request meets the
5requirements of par. (d) and if the judicial officer does any of the following:
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a. Sends the written request directly to a government agency, person, data
7broker, business, or association.
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b. If the director of state courts has a policy and procedure for a judicial officer
9to file the written request with the director of state court's office to notify government
10agencies, the judicial officer sends the written request to the director of state courts.
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2. In each quarter of a calendar year, the director of state courts shall provide
12to the appropriate officer with ultimate supervisory authority for a government
13agency a list of all judicial officers who have submitted a written request under subd.
141. b. The officer shall promptly provide a copy of the list to the government agencies
15under his or her supervision. Receipt of the written request list compiled by the
16director of state courts office by a government agency shall constitute a written
17request to that agency for purposes of this subsection.
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(c) A representative from the judicial officer's employer may submit a written
19request on the judicial officer's behalf, provided that the judicial officer has given
20written consent to the representative and provided that the representative agrees
21to furnish a copy of that consent when the written request is made. The
22representative shall submit the written request as provided under par. (b).
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(d) A judicial officer's written request shall be made on a form prescribed by the
24director of state courts and shall specify what personal information shall be
25maintained as private. If a judicial officer wishes to identify a secondary residence
1as a home address, the designation shall be made in the written request. A judicial
2officer's written request shall disclose the identity of the officer's immediate family
3and indicate that the personal information of these family members shall also be
4excluded to the extent that it could reasonably be expected to reveal personal
5information of the judicial officer. Any person receiving a written request form
6submitted by or on behalf of a judicial officer under this paragraph shall treat the
7submission as confidential.
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(e) 1. A judicial officer's written request is valid for 10 years or until the judicial
9officer's death, whichever occurs first.
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2. Notwithstanding a judicial officer's written request, a government agency,
11person, data broker, business, or association may release personal information
12otherwise subject to the written request under any of the following circumstances:
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a. As required in response to a court order.
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b. If a judicial officer or immediate family member of the judicial officer
15consents to the release of his or her own personal information as provided under
16subd. 3.
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c. If the judicial officer provides the government agency, person, data broker,
18business, or association with consent to release the personal information as provided
19under subd. 3.
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3. A judicial officer or immediate family member of the judicial officer may
21consent to release personal information otherwise protected by a judicial officer's
22written request if the consent is made in writing on a form prescribed by the director
23of state courts. An immediate family member of the judicial officer may only consent
24to the release of his or her own personal information.
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14. A judicial officer under sub. (1) (e) 1. to 3., or 6. may designate the director
2of state courts as the judicial officer's agent for purposes of service of process, and if
3the director of state courts receives service of process, notice, or demand required or
4permitted by law to be served on a judicial officer who has designated the director
5of state courts as his or her agent for purposes of service of process under this
6subdivision, the director of state courts shall forward the process, notice, or demand
7to the judicial officer's home address.
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8(4m) (a) In this subsection, “land records website” means a public website that
9allows users to search and retrieve a real estate property database or geographic
10records.
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(b) Any provider of a public-facing land records website shall establish a
12process for judicial officers and immediate family members of judicial officers to opt
13out from the display and search functions of their names on the provider's
14public-facing land records website.
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15(5) (a) A judicial officer whose personal information is made public as a result
16of a violation of this section may bring an action seeking injunctive or declaratory
17relief in any court of competent jurisdiction. Notwithstanding s. 814.04, if the court
18grants injunctive or declaratory relief, the governmental agency, business,
19association, data broker, or other person responsible for the violation shall be
20required to pay the judicial officer's costs and reasonable attorney fees.
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(b) Provided that an employee of a government agency has complied with the
22conditions set forth in sub. (2), it is not a violation of this section if an employee of
23a government agency publishes personal information, in good faith, on the website
24of the government agency in the ordinary course of carrying out public functions.
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1(c) It is unlawful for any person to knowingly publicly post or display on the
2Internet the personal information of a judicial officer or of the judicial officer's
3immediate family if the person intends the public posting or display of the personal
4information to create or increase a threat to the health and safety of the judicial
5officer or the judicial officer's immediate family and, under the circumstances, bodily
6injury or death of the judicial officer or a member of the judicial officer's immediate
7family is a natural and probable consequence of the posting or display. A person who
8violates this paragraph is guilty of a Class G felony.
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9(6) This section shall be construed broadly to favor the protection of the
10personal information of judicial officers and the immediate family of judicial officers.
SB927-SSA2,16,1312
(1)
This act takes effect on the first day of the 13th month beginning after
13publication.