Wisconsin Legislature: 73,9

(c) Exceptions. Notwithstanding pars. (a) and (b), a licensee is not required to provide notice of the acquisition of nonpublic information if any of the following applies:

1. The acquisition of nonpublic information does not create a material risk of identity theft or fraud to the individual who is the subject of the nonpublic information.

2. The nonpublic information was acquired in good faith by an employee or agent of the licensee and is used for a lawful purpose of the licensee.

(d) Timing and manner of notice; other requirements. 1. Subject to par. (h), a licensee shall provide the notice required under par. (a) within a reasonable time, not to exceed 45 days after the licensee learns of the acquisition of nonpublic information. A determination as to reasonableness under this subdivision shall include consideration of the number of notices that the licensee must provide and the methods of communication available to the licensee.

2. A licensee shall provide the notice required under par. (a) by mail or by a method the licensee has previously employed to communicate with the consumer who is the subject of the nonpublic information. If a licensee cannot with reasonable diligence determine the mailing address of the subject of the nonpublic information, and if the licensee has not previously communicated with the subject of the nonpublic information, the licensee shall provide notice by a method reasonably calculated to provide actual notice to the subject of the nonpublic information.

3. Upon written request by a consumer who has received a notice under par. (a), the licensee that provided the notice shall identify the nonpublic information that was acquired.

(e) Notice to commissioner. A licensee shall provide to the commissioner a form of any notice sent under this subsection.

(f) Exceptions for certain entities. This subsection does not apply to any of the following:

1. An entity that is subject to, and in compliance with, the privacy and security requirements of 15 USC 6801 to 6827, or a person that has a contractual obligation to such an entity, if the entity or person has in effect a policy concerning breaches of information security.

2. An entity that is described in 45 CFR 164.104 (a), if the entity complies with the requirements of 45 CFR part 164.

(g) Effect on civil claims. Failure to comply with this section is not negligence or a breach of any duty, but may be evidence of negligence or a breach of a legal duty.

(h) Request by law enforcement not to notify. A law enforcement agency may, in order to protect an investigation or homeland security, ask a licensee not to provide a notice that is otherwise required under par. (a) or (i) for any period of time and the notification process required under this subsection shall begin at the end of that time period. Notwithstanding pars. (a), (d), and (i), if a licensee receives such a request, the licensee may not provide notice of or publicize an unauthorized acquisition of nonpublic information, except as authorized by the law enforcement agency that made the request.

(i) Notice to producer of record. If the licensee is an insurer whose services are accessed by consumers through an independent insurance producer, the licensee shall notify the producer of record of any consumers whose nonpublic information has been acquired without authorization or affected by a cybersecurity event no later than the date at which notice is provided in par. (d), except that notice is not required to a producer of record who is not authorized by law or contract to sell, solicit, or negotiate on behalf of the licensee or if the licensee does not have the current producer of record information for a consumer.

(3) Third-party service providers. If the licensee has knowledge of a cybersecurity event involving nonpublic information on an information system maintained by a 3rd-party service provider and any of the conditions in sub. (1) (a) are met, the licensee shall provide notice to the commissioner no later than 3 days after the earlier of the date the 3rd-party service provider notifies the licensee of the cybersecurity event or the licensee has actual knowledge of the cybersecurity event. The licensee is not required to comply with this subsection if the 3rd-party service provider provides notice under sub. (1).

(4) Reinsurers. In the event of a cybersecurity event involving nonpublic information, or involving nonpublic information on an information system maintained by a 3rd-party service provider, a licensee who is acting as an assuming insurer and who does not have a direct contractual relationship with the consumers affected by the cybersecurity event shall, if any of the conditions in sub. (1) (a) are met, notify the ceding insurer and the commissioner of the licensee's state of domicile of the cybersecurity event no later than 3 business days after learning of the cybersecurity event. The licensee shall have no other notice obligations relating to a cybersecurity event or other data breach under this section or any other law of this state. A ceding insurer who has a direct contractual relationship with the affected consumers shall comply with the notification requirements under this section.

73,8 Section 8. 601.955 of the statutes is created to read:

601.955 Confidentiality. (1) All of the following apply to documents, materials, and other information in the possession or control of the commissioner that are obtained by, created by, or disclosed to the commissioner or any other person under this subchapter:

(a) The documents, materials, and other information are considered proprietary and contain trade secrets.

(b) The documents, materials, and other information are confidential and privileged, and the privilege may not be constructively waived.

(d) The documents, materials, and other information are not subject to subpoena or discovery and are not admissible as evidence in a private civil action.

(e) The commissioner may use the documents, materials, and other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties.

(f) The commissioner may not make the documents, materials, or other information public without first obtaining written consent of the licensee.

(g) Neither the commissioner nor any person who received the documents, materials, or other information may testify or be required to testify in any private civil action regarding the documents, materials, or other information.

(2) Notwithstanding sub. (1), the commissioner may share, upon request, the documents, materials, or other information with other state, federal, and international financial regulatory agencies if the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials, or other information and has verified that it has the legal authority to maintain confidentiality. The commissioner may receive documents, materials, or other information related to this subchapter from other state, federal, and international financial regulatory agencies and shall maintain as confidential or privileged any documents, materials, or other information that is treated as confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, or other information. The sharing of documents under this subsection does not constitute a delegation of regulatory authority and does not act as a waiver of privilege.

(3) Notwithstanding sub. (1), the commissioner may share the documents, materials, or other information under this section with a 3rd-party consultant or vendor if the consultant or vendor agrees in writing to maintain the confidentiality and privileged status of the documents, materials, and other information shared under this section.

(4) Nothing in this subchapter prohibits the commissioner from releasing final, adjudicated actions that are open to public inspection to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.

73,9 Section 9. 601.956 of the statutes is created to read:

601.956 Enforcement. The commissioner shall have the power to examine and investigate the affairs of any licensee to determine whether the licensee has engaged in conduct in violation of this subchapter and to take action that is necessary or appropriate to enforce the provisions of this subchapter. This power is in addition to the powers that the commissioner has under subch. IV of this chapter. An investigation or examination under this section shall be conducted under subchs. IV and V of this chapter.

73,10 Section 10. Effective date.

(1) This act takes effect on the first day of the 4th month beginning after publication.