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SB166,16,334. At least one of the following:
SB166,16,54a. Allow, and cooperate with, reasonable assessments by the controller or the
5controllers designated assessor.
SB166,16,106b. Arrange for a qualified and independent assessor to conduct an assessment
7of the processors policies and technical and organizational measures in support of
8the obligations under this section using an appropriate and accepted control
9standard or framework and assessment procedure for such assessments. The
10processor shall provide a report of such assessment to the controller upon request.
SB166,16,13115. Engage any subcontractor pursuant to a written contract in accordance
12with par. (c) that requires the subcontractor to meet the obligations of the processor
13with respect to the personal data.
SB166,16,1614(c) Nothing in this section shall be construed to relieve a controller or a
15processor from the liabilities imposed on it by virtue of its role in the processing
16relationship as defined by this section.
SB166,16,2117(d) Determining whether a person is acting as a controller or processor with
18respect to a specific processing of data is a fact-based determination that depends
19upon the context in which personal data is to be processed. A processor that
20continues to adhere to a controllers instructions with respect to a specific
21processing of personal data remains a processor.
SB166,17,222(5) Data protection assessments. (a) A controller shall regularly conduct

1and document a data protection assessment of each of the following processing
2activities involving personal data:
SB166,17,331. The processing of personal data for purposes of targeted advertising.
SB166,17,442. The sale of personal data.
SB166,17,653. The processing of personal data for purposes of profiling, where such
6profiling presents a reasonably foreseeable risk of any of the following:
SB166,17,87a. Unfair or deceptive treatment of, or unlawful disparate impact on,
8consumers.
SB166,17,99b. Financial, physical, or reputational injury to consumers.
SB166,17,1210c. Physical or other intrusion upon the solitude or seclusion, or the private
11affairs or concerns, of consumers, where such intrusion would be offensive to a
12reasonable person.
SB166,17,1313d. Other substantial injury to consumers.
SB166,17,14144. The processing of sensitive data.
SB166,17,16155. Any processing activities involving personal data that present a heightened
16risk of harm to consumers.
SB166,17,18176. The processing of personal data related to any good, service, or product
18feature likely to be accessed by a child.
SB166,18,419(b) Data protection assessments conducted under par. (a) shall identify and
20weigh the benefits that may flow, directly and indirectly, from the processing to the
21controller, the consumer, other stakeholders, and the public against the potential
22risks to the rights of the consumer associated with such processing, as mitigated by
23safeguards that can be employed by the controller to reduce such risks. The use of

1deidentified data and the reasonable expectations of consumers, as well as the
2context of the processing and the relationship between the controller and the
3consumer whose personal data will be processed, shall be factored into this
4assessment by the controller.
SB166,18,145(c) The department may request, pursuant to sub. (10), that a controller
6disclose any data protection assessment that is relevant to an investigation
7conducted by the department, and the controller shall make the data protection
8assessment available to the department. The department may evaluate the data
9protection assessment for compliance with the responsibilities set forth in sub. (3).
10Data protection assessments shall be confidential and not subject to the right of
11inspection and copying under s. 19.35 (1). The disclosure of a data protection
12assessment pursuant to a request from the department shall not constitute a
13waiver of attorney-client privilege or work product protection with respect to the
14assessment and any information contained in the assessment.
SB166,18,1615(d) A single data protection assessment may address a comparable set of
16processing operations that include similar activities.
SB166,18,1917(e) Data protection assessments conducted by a controller for the purpose of
18compliance with other laws or regulations may comply under this section if the
19assessments have a reasonably comparable scope and effect.
SB166,18,2120(f) Data protection assessment requirements shall apply to processing
21activities created or generated after January 1, 2026, and are not retroactive.
SB166,18,2322(6) Processing deidentified data; exemptions. (a) A controller in
23possession of deidentified data shall do all of the following:
SB166,19,2
11. Take reasonable measures to ensure that the data cannot be associated
2with an individual.
SB166,19,432. Publicly commit to maintaining and using deidentified data without
4attempting to reidentify the data.
SB166,19,653. Contractually obligate any recipients of the deidentified data to comply
6with all provisions of this section.
SB166,19,87(b) Nothing in this section shall be construed to require a controller or
8processor to do any of the following:
SB166,19,991. Reidentify deidentified data or pseudonymous data.
SB166,19,10102. Maintain data in identifiable form.
SB166,19,12113. Collect, obtain, retain, or access any data or technology, in order to be
12capable of associating an authenticated consumer request with personal data.
SB166,19,1513(c) Nothing in this section shall be construed to require a controller or
14processor to comply with an authenticated consumer rights request under sub. (2) if
15all of the following are true:
SB166,19,18161. The controller is not reasonably capable of associating the request with the
17personal data or it would be unreasonably burdensome for the controller to
18associate the request with the personal data.
SB166,19,21192. The controller does not use the personal data to recognize or respond to the
20specific consumer who is the subject of the personal data, or associate the personal
21data with other personal data about the same specific consumer.
SB166,20,2223. The controller does not sell the personal data to any 3rd party or otherwise

1voluntarily disclose the personal data to any 3rd party other than a processor,
2except as otherwise permitted in this subsection.
SB166,20,73(d) The consumer rights contained in subs. (2) (a) 1. to 4. and (3) shall not
4apply to pseudonymous data in cases where the controller is able to demonstrate
5any information necessary to identify the consumer is kept separately and is subject
6to effective technical and organizational controls that prevent the controller from
7accessing such information.
SB166,20,128(e) A controller that discloses pseudonymous data or deidentified data shall
9exercise reasonable oversight to monitor compliance with any contractual
10commitments to which the pseudonymous data or deidentified data is subject and
11shall take appropriate steps to address any breaches of those contractual
12commitments.
SB166,20,1413(7) Limitations. (a) Nothing in this section shall be construed to restrict a
14controllers or processors ability to do any of the following:
SB166,20,15151. Comply with federal, state, or local laws, rules, or regulations.
SB166,20,17162. Comply with a civil, criminal, or regulatory inquiry, investigation,
17subpoena, or summons by federal, state, local, or other governmental authorities.
SB166,20,20183. Cooperate with law enforcement agencies concerning conduct or activity
19that the controller or processor reasonably and in good faith believes may violate
20federal, state, or local laws, rules, or regulations.
SB166,20,21214. Investigate, establish, exercise, prepare for, or defend legal claims.
SB166,21,2225. Provide a product or service specifically requested by a consumer or the
23parent or guardian of a child, perform a contract to which the consumer is a party,

1including fulfilling the terms of a written warranty, or take steps at the request of
2the consumer prior to entering into a contract.
SB166,21,536. Take immediate steps to protect an interest that is essential for the life or
4physical safety of the consumer or of another individual, and where the processing
5cannot be manifestly based on another legal basis.
SB166,21,967. Prevent, detect, protect against, or respond to security incidents, identity
7theft, fraud, harassment, malicious or deceptive activities, or any illegal activity;
8preserve the integrity or security of systems; or investigate, report, or prosecute
9those responsible for any such action.
SB166,21,13108. Engage in public or peer-reviewed scientific or statistical research in the
11public interest that adheres to all other applicable ethics and privacy laws and is
12approved, monitored, and governed by an institutional review board, or similar
13independent oversight entities that determine all of the following:
SB166,21,1514a. If the deletion of the information is likely to provide substantial benefits
15that do not exclusively accrue to the controller.
SB166,21,1616b. The expected benefits of the research outweigh the privacy risks.
SB166,21,1817c. If the controller has implemented reasonable safeguards to mitigate privacy
18risks associated with research, including any risks associated with reidentification.
SB166,21,20199. Assist another controller, processor, or 3rd party with any of the obligations
20under this section.
SB166,21,2321(b) The obligations imposed on controllers or processors under this section
22shall not restrict a controllers or processors ability to collect, use, or retain data to
23do any of the following:
SB166,22,2
11. Conduct internal research to develop, improve, or repair products, services,
2or technology.
SB166,22,332. Effectuate a product recall.
SB166,22,543. Identify and repair technical errors that impair existing or intended
5functionality.
SB166,22,1164. Perform internal operations that are reasonably aligned with the
7expectations of the consumer or reasonably anticipated on the basis of the
8consumers existing relationship with the controller or are otherwise compatible
9with processing data in furtherance of the provision of a product or service
10specifically requested by a consumer or the performance of a contract to which the
11consumer is a party.
SB166,22,1712(c) The obligations imposed on controllers or processors under this section
13shall not apply where compliance by the controller or processor with this section
14would violate an evidentiary privilege under ch. 905. Nothing in this section shall
15be construed to prevent a controller or processor from providing personal data
16concerning a consumer to a person covered by an evidentiary privilege under ch.
17905 as part of a privileged communication.
SB166,23,418(d) A controller or processor that discloses personal data to a 3rd-party
19controller or processor, in compliance with the requirements of this section, is not in
20violation of this section if the 3rd-party controller or processor that receives and
21processes such personal data is in violation of this section, provided that, at the
22time of disclosing the personal data, the disclosing controller or processor did not
23have actual knowledge that the recipient intended to commit a violation. A 3rd-

1party controller or processor receiving personal data from a controller or processor
2in compliance with the requirements of this section is likewise not in violation of
3this section for the transgressions of the controller or processor from which it
4receives such personal data.
SB166,23,95(e) Nothing in this section shall be construed as an obligation imposed on
6controllers and processors that adversely affects the rights or freedoms of any
7persons, such as exercising the right of free speech pursuant to the First
8Amendment to the U.S. Constitution, or applies to the processing of personal data
9by a person in the course of a purely personal or household activity.
SB166,23,1410(f) Personal data processed by a controller pursuant to this subsection may
11not be processed for any purpose other than those expressly listed in this subsection
12unless otherwise allowed by this section. Personal data processed by a controller
13pursuant to this subsection may be processed to the extent that such processing is
14both of the following:
SB166,23,16151. Reasonably necessary and proportionate to the purposes listed in this
16subsection.
SB166,24,2172. Adequate, relevant, and limited to what is necessary in relation to the
18specific purposes listed in this subsection. Personal data collected, used, or
19retained pursuant to par. (b) shall, where applicable, take into account the nature
20and purpose or purposes of such collection, use, or retention. Such data shall be
21subject to reasonable administrative, technical, and physical measures to protect
22the confidentiality, integrity, and accessibility of the personal data and to reduce

1reasonably foreseeable risks of harm to consumers relating to such collection, use,
2or retention of personal data.
SB166,24,53(g) If a controller processes personal data pursuant to an exemption in this
4section, the controller bears the burden of demonstrating that such processing
5qualifies for the exemption and complies with the requirements in par. (f).
SB166,24,76(h) Processing personal data for the purposes expressly identified in par. (a)
7shall not solely make an entity a controller with respect to such processing.
SB166,24,108(8) Scope; exemptions. (a) This section applies to persons that conduct
9business in this state or produce products or services that are targeted to residents
10of this state and who satisfy either of the following:
SB166,24,12111. During a calendar year, the person controls or processes personal data of at
12least 100,000 consumers.
SB166,24,14132. The person controls or processes personal data of at least 25,000 consumers
14and derives over 50 percent of gross revenue from the sale of personal data.
SB166,24,1515(b) This section shall not apply to any of the following:
SB166,24,19161. An association, authority, board, department, commission, independent
17agency, institution, office, society, entity regulated by the federal Farm Credit
18Administration, or other body in state or local government created or authorized to
19be created by the constitution or any law.
SB166,24,21202. Financial institutions, affiliates of financial institutions, or data subject to
21Title V of the federal Gramm-Leach-Bliley Act, 15 USC 6801 et seq.
SB166,24,22223. A covered entity or business associate governed by HIPAA or HITECH.
SB166,24,23234. A nonprofit organization.
SB166,25,1
15. An institution of higher education.
SB166,25,426. A state agency or political subdivision of this state, including agents and
3entities that use public safety technologies for the purposes of bona fide law
4enforcement investigation.
SB166,25,557. The entity under contract under s. 153.05 (2m) (a) and its contractors.
SB166,25,768. The data organization under contract under s. 153.05 (2r) and its
7contractors.
SB166,25,88(c) The following information and data are exempt from this section:
SB166,25,1391. Any health care information or record that is governed by HIPAA,
10HITECH, Cures Act, or any other federal law governing the use, disclosure, access
11or creation of health care information or records, including any derived,
12identifiable, de-identifiable, confidential or non-confidential health care
13information or records as defined by such federal laws.
SB166,25,18142. Any health care information or record that is governed by s. 51.30, 146.816,
15146.82, 146.83, or 146.84, chapter 153, or other Wisconsin law governing the use,
16disclosure, access or creation of health care information or records, including any
17derived, identifiable, de-identifiable, confidential or non-confidential health care
18information or records as defined by such Wisconsin laws.
SB166,25,19193. Any of the following:
SB166,25,2120a. Identifiable private information for purposes of the federal policy for the
21protection of human subjects under 45 CFR Part 46.
SB166,26,222b. Identifiable private information that is otherwise information collected as
23part of human subjects research pursuant to the good clinical practice guidelines

1issued by the International Council for Harmonisation of Technical Requirements
2for Pharmaceuticals for Human Use or under 21 CFR Parts 50 and 56.
SB166,26,53c. Personal data used or shared in research conducted in accordance with the
4requirements set forth in this section, or other research conducted in accordance
5with applicable law.
SB166,26,764. Information and documents created for purposes of the federal Health Care
7Quality Improvement Act of 1986, 42 USC 11101 et seq.
SB166,26,985. Patient safety work product for purposes of the federal Patient Safety and
9Quality Improvement Act, 42 USC 299b-21 et seq.
SB166,26,12106. Information originating from, and intermingled to be indistinguishable
11with, or information treated in the same manner as information exempt under this
12paragraph.
SB166,26,19137. The collection, maintenance, disclosure, sale, communication, or use of any
14personal information bearing on a consumers credit worthiness, credit standing,
15credit capacity, character, general reputation, personal characteristics, or mode of
16living by a consumer reporting agency, furnisher, or user that provides information
17for use in a consumer report, and by a user of a consumer report, but only to the
18extent that such activity is regulated by and authorized under the federal Fair
19Credit Reporting Act, 15 USC 1681 et seq.
SB166,26,21208. Personal data collected, processed, sold, or disclosed in compliance with the
21federal Drivers Privacy Protection Act of 1994, 18 USC 2721 et seq.
SB166,26,23229. Personal data regulated by the federal Family Educational Rights and
23Privacy Act, 20 USC 1232g et seq.
SB166,27,2
110. Personal data collected, processed, sold, or disclosed in compliance with
2the federal Farm Credit Act, 12 USC 2001 et seq.
SB166,27,3311. Data processed or maintained for any of the following purposes:
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