SB957,6,2322
1. Personal data revealing racial or ethnic origin, religious beliefs, mental or
23physical health diagnosis, sexual orientation, or citizenship or immigration status.
SB957,6,2524
2. The processing of genetic or biometric data for the purpose of uniquely
25identifying an individual.
SB957,7,1
13. The personal data collected from a known child.
SB957,7,22
4. Precise geolocation data.
SB957,7,73
(x) “Targeted advertising" means displaying advertisements to a consumer
4where the advertisement is selected based on personal data obtained from that
5consumer's activities over time and across nonaffiliated websites or online
6applications to predict such consumer's preferences or interests. “Targeted
7advertising" does not include any of the following:
SB957,7,98
1. Advertisements based on activities within a controller's own websites or
9online applications.
SB957,7,1110
2. Advertisements based on the context of a consumer's current search query,
11visit to a website, or online application.
SB957,7,1312
3. Advertisements directed to a consumer in response to the consumer's request
13for information or feedback.
SB957,7,1514
4. Processing personal data processed solely for measuring or reporting
15advertising performance, reach, or frequency.
SB957,7,2016
(y) “Third party” means a person or association, authority, board, department,
17commission, independent agency, institution, office, society, or other body in state or
18local government created or authorized to be created by the constitution or any law,
19other than a consumer, controller, processor, or an affiliate of the processor or the
20controller.
SB957,8,2
21(2) Personal data rights; consumers. (a) A consumer may invoke the
22consumer rights authorized under this subsection at any time by submitting a
23request to a controller specifying the consumer rights the consumer wishes to invoke.
24A known child's parent or legal guardian may invoke such consumer rights on behalf
25of the child regarding processing personal data belonging to the known child. A
1controller shall comply with an authenticated consumer request to exercise any of
2the following rights:
SB957,8,43
1. To confirm whether or not a controller is processing the consumer's personal
4data and to access such personal data.
SB957,8,75
2. To correct inaccuracies in the consumer's personal data, taking into account
6the nature of the personal data and the purposes of the processing of the consumer's
7personal data.
SB957,8,88
3. To delete personal data provided by or obtained about the consumer.
SB957,8,139
4. To obtain a copy of the consumer's personal data that the consumer
10previously provided to the controller in a portable and, to the extent technically
11feasible, readily usable format that allows the consumer to transmit the data to
12another controller without hindrance, where the processing is carried out by
13automated means.
SB957,8,1614
5. To opt out of the processing of the personal data for purposes of targeted
15advertising, the sale of personal data, or profiling in furtherance of decisions that
16produce legal or similarly significant effects concerning the consumer.
SB957,8,1917
(b) 1. Except as otherwise provided in this section, a controller shall comply
18with a request by a consumer to exercise the consumer rights authorized under par.
19(a).
SB957,8,2520
2. A controller shall respond to a consumer without undue delay, but in all cases
21within 45 days of receipt of a request submitted under par. (a). The response period
22may be extended once by 45 additional days when reasonably necessary, taking into
23account the complexity and number of the consumer's requests, so long as the
24controller informs the consumer of any such extension within the initial 45-day
25response period, together with the reason for the extension.
SB957,9,4
13. If a controller declines to take action regarding a consumer's request, the
2controller shall inform the consumer without undue delay, but in all cases and at the
3latest within 45 days of receipt of the request, of the justification for declining to take
4action and instructions for how to appeal the decision under par. (c).
SB957,9,115
4. Information provided in response to a consumer request shall be provided
6by a controller free of charge, up to twice annually per consumer. If requests from
7a consumer are manifestly unfounded, excessive, or repetitive, the controller may
8charge the consumer a reasonable fee to cover the administrative costs of complying
9with the request or decline to act on the request. The controller bears the burden of
10demonstrating the manifestly unfounded, excessive, or repetitive nature of the
11request.
SB957,9,1612
5. If a controller is unable to authenticate the request using commercially
13reasonable efforts, the controller may not be required to comply with a request to
14initiate an action under par. (a) and may request that the consumer provide
15additional information reasonably necessary to authenticate the consumer and the
16consumer's request.
SB957,9,2417
(c) A controller shall establish a process for a consumer to appeal the
18controller's refusal to take action on a request within a reasonable period of time
19after the consumer's receipt of the decision pursuant to par. (b) 3. The appeal process
20shall be conspicuously available and similar to the process for submitting requests
21to initiate action under par. (a). Within 60 days of receipt of an appeal, a controller
22shall inform the consumer in writing of any action taken or not taken in response to
23the appeal, including a written explanation of the reasons for the decisions. If the
24appeal is denied, the controller shall also provide the consumer with an online
1mechanism, if available, or other method through which the consumer may contact
2the attorney general to submit a complaint.
SB957,10,6
3(3) Data controller responsibilities; transparency. (a) 1. A controller shall
4limit the collection of personal data to what is adequate, relevant, and reasonably
5necessary in relation to the purposes for which such data is processed, as disclosed
6to the consumer.
SB957,10,107
2. Except as otherwise provided in this section, a controller may not process
8personal data for purposes that are not reasonably necessary to and not compatible
9with the disclosed purposes for which such personal data is processed, as disclosed
10to the consumer, unless the controller obtains the consumer's consent.
SB957,10,1411
3. A controller shall establish, implement, and maintain reasonable
12administrative, technical, and physical data security practices to protect the
13confidentiality, integrity, and accessibility of personal data. Such data security
14practices shall be appropriate to the volume and nature of the personal data at issue.
SB957,11,215
4. A controller may not process personal data in violation of state and federal
16laws that prohibit unlawful discrimination against consumers. A controller may not
17discriminate against a consumer for exercising any of the consumer rights contained
18in this section, including denying goods or services, charging different prices or rates
19for goods or services, or providing a different level of quality of goods and services to
20the consumer. Nothing in this subdivision shall be construed to require a controller
21to provide a product or service that requires the personal data of a consumer that the
22controller does not collect or maintain, or to prohibit a controller from offering a
23different price, rate, level, quality, or selection of goods or services to a consumer,
24including offering goods or services for no fee, if the consumer has exercised his or
25her right to opt out under sub. (2) (a) 5. or the offer is related to a consumer's
1voluntary participation in a bona fide loyalty, rewards, premium features, discounts,
2or club card program.
SB957,11,63
5. A controller may not process sensitive data concerning a consumer without
4obtaining the consumer's consent, or, in the case of the processing of sensitive data
5concerning a known child, without processing such data in accordance with the
6federal Children's Online Privacy Protection Act,
15 USC 6501 et seq.
SB957,11,87
(b) Any provision of a contract or agreement that purports to waive or limit
8consumer rights under sub. (2) is void and unenforceable.
SB957,11,109
(c) A controller shall provide consumers with a reasonably accessible, clear, and
10meaningful privacy notice that includes all of the following:
SB957,11,1111
1. The categories of personal data processed by the controller.
SB957,11,1212
2. The purpose of processing personal data.
SB957,11,1513
3. How consumers may exercise their consumer rights under sub. (2), including
14how a consumer may appeal a controller's decision with regard to the consumer's
15request.
SB957,11,1716
4. The categories of personal data that the controller shares with 3rd parties,
17if any.
SB957,11,1918
5. The categories of 3rd parties, if any, with whom the controller shares
19personal data.
SB957,11,2320
(d) If a controller sells personal data to 3rd parties or processes personal data
21for targeted advertising, the controller shall clearly and conspicuously disclose such
22processing, as well as the manner in which a consumer may exercise the right to opt
23out of such processing.
SB957,12,624
(e) A controller shall establish, and shall describe in a privacy notice, one or
25more secure and reliable means for consumers to submit a request to exercise their
1consumer rights under this section. Such means shall take into account the ways in
2which consumers normally interact with the controller, the need for secure and
3reliable communication of such requests, and the ability of the controller to
4authenticate the identity of the consumer making the request. Controllers may not
5require a consumer to create a new account in order to exercise consumer rights
6under sub. (2) but may require a consumer to use an existing account.
SB957,12,10
7(4) Responsibility according to role; controller and processor. (a) A
8processor shall adhere to the instructions of a controller and shall assist the
9controller in meeting its obligations under this section. Such assistance shall include
10the following:
SB957,12,1411
1. Taking into account the nature of processing and the information available
12to the processor, by appropriate technical and organizational measures, insofar as
13this is reasonably practicable, to fulfill the controller's obligation to respond to
14consumer rights requests under sub. (2).
SB957,12,1815
2. Taking into account the nature of processing and the information available
16to the processor, by assisting the controller in meeting the controller's obligations in
17relation to the security of processing the personal data and in relation to giving notice
18of unauthorized acquisition of personal information under s. 134.98.
SB957,12,2019
3. Providing necessary information to enable the controller to conduct and
20document data protection assessments under sub. (5).
SB957,13,221
(b) A contract between a controller and a processor shall govern the processor's
22data processing procedures with respect to processing performed on behalf of the
23controller. The contract shall be binding and clearly set forth instructions for
24processing data, the nature and purpose of processing, the type of data subject to
25processing, the duration of processing, and the rights and obligations of both parties.
1The contract shall also include requirements that the processor shall do all of the
2following:
SB957,13,43
1. Ensure that each person processing personal data is subject to a duty of
4confidentiality with respect to the data.
SB957,13,75
2. At the controller's direction, delete or return all personal data to the
6controller as requested at the end of the provision of services, unless retention of the
7personal data is required by law.
SB957,13,108
3. Upon the reasonable request of the controller, make available to the
9controller all information in its possession necessary to demonstrate the processor's
10compliance with the obligations in this section.
SB957,13,1111
4. At least one of the following:
SB957,13,1312
a. Allow, and cooperate with, reasonable assessments by the controller or the
13controller's designated assessor.
SB957,13,1814
b. Arrange for a qualified and independent assessor to conduct an assessment
15of the processor's policies and technical and organizational measures in support of
16the obligations under this section using an appropriate and accepted control
17standard or framework and assessment procedure for such assessments. The
18processor shall provide a report of such assessment to the controller upon request.
SB957,13,2119
5. Engage any subcontractor pursuant to a written contract in accordance with
20par. (c) that requires the subcontractor to meet the obligations of the processor with
21respect to the personal data.
SB957,13,2422
(c) Nothing in this section shall be construed to relieve a controller or a
23processor from the liabilities imposed on it by virtue of its role in the processing
24relationship as defined by this section.
SB957,14,5
1(d) Determining whether a person is acting as a controller or processor with
2respect to a specific processing of data is a fact-based determination that depends
3upon the context in which personal data is to be processed. A processor that
4continues to adhere to a controller's instructions with respect to a specific processing
5of personal data remains a processor.
SB957,14,8
6(5) Data protection assessments. (a) A controller shall conduct and document
7a data protection assessment of each of the following processing activities involving
8personal data:
SB957,14,99
1. The processing of personal data for purposes of targeted advertising.
SB957,14,1010
2. The sale of personal data.
SB957,14,1211
3. The processing of personal data for purposes of profiling, where such
12profiling presents a reasonably foreseeable risk of any of the following:
SB957,14,1413
a. Unfair or deceptive treatment of, or unlawful disparate impact on,
14consumers.
SB957,14,1515
b. Financial, physical, or reputational injury to consumers.
SB957,14,1816
c. Physical or other intrusion upon the solitude or seclusion, or the private
17affairs or concerns, of consumers, where such intrusion would be offensive to a
18reasonable person.
SB957,14,1919
d. Other substantial injury to consumers.
SB957,14,2020
4. The processing of sensitive data.
SB957,14,2221
5. Any processing activities involving personal data that present a heightened
22risk of harm to consumers.
SB957,15,623
(b) Data protection assessments conducted under par. (a) shall identify and
24weigh the benefits that may flow, directly and indirectly, from the processing to the
25controller, the consumer, other stakeholders, and the public against the potential
1risks to the rights of the consumer associated with such processing, as mitigated by
2safeguards that can be employed by the controller to reduce such risks. The use of
3deidentified data and the reasonable expectations of consumers, as well as the
4context of the processing and the relationship between the controller and the
5consumer whose personal data will be processed, shall be factored into this
6assessment by the controller.
SB957,15,177
(c) The attorney general may request, pursuant to a civil investigative demand
8issued under sub. (10) (a), that a controller disclose any data protection assessment
9that is relevant to an investigation conducted by the attorney general, and the
10controller shall make the data protection assessment available to the attorney
11general. The attorney general may evaluate the data protection assessment for
12compliance with the responsibilities set forth in sub. (3). Data protection
13assessments shall be confidential and not subject to the right of inspection and
14copying under s. 19.35 (1). The disclosure of a data protection assessment pursuant
15to a request from the attorney general shall not constitute a waiver of attorney-client
16privilege or work product protection with respect to the assessment and any
17information contained in the assessment.
SB957,15,1918
(d) A single data protection assessment may address a comparable set of
19processing operations that include similar activities.
SB957,15,2220
(e) Data protection assessments conducted by a controller for the purpose of
21compliance with other laws or regulations may comply under this section if the
22assessments have a reasonably comparable scope and effect.
SB957,15,2423
(f) Data protection assessment requirements shall apply to processing
24activities created or generated after January 1, 2024, and are not retroactive.
SB957,16,2
1(6) Processing deidentified data; exemptions. (a) A controller in possession
2of deidentified data shall do all of the following:
SB957,16,43
1. Take reasonable measures to ensure that the data cannot be associated with
4an individual.
SB957,16,65
2. Publicly commit to maintaining and using deidentified data without
6attempting to reidentify the data.
SB957,16,87
3. Contractually obligate any recipients of the deidentified data to comply with
8all provisions of this section.
SB957,16,129
(b) Nothing in this section shall be construed to require a controller or processor
10to reidentify deidentified data or pseudonymous data; maintain data in identifiable
11form; or collect, obtain, retain, or access any data or technology, in order to be capable
12of associating an authenticated consumer request with personal data.
SB957,16,1513
(c) Nothing in this section shall be construed to require a controller or processor
14to comply with an authenticated consumer rights request under sub. (2) if all of the
15following apply:
SB957,16,1816
1. The controller is not reasonably capable of associating the request with the
17personal data or it would be unreasonably burdensome for the controller to associate
18the request with the personal data.
SB957,16,2119
2. 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.
SB957,16,2422
3. The controller does not sell the personal data to any 3rd party or otherwise
23voluntarily disclose the personal data to any 3rd party other than a processor, except
24as otherwise permitted in this subsection.
SB957,17,5
1(d) The consumer rights contained in subs. (2) (a) 1. to 4. and (3) shall not apply
2to pseudonymous data in cases where the controller is able to demonstrate any
3information necessary to identify the consumer is kept separately and is subject to
4effective technical and organizational controls that prevent the controller from
5accessing such information.
SB957,17,106
(e) A controller that discloses pseudonymous data or deidentified data shall
7exercise reasonable oversight to monitor compliance with any contractual
8commitments to which the pseudonymous data or deidentified data is subject and
9shall take appropriate steps to address any breaches of those contractual
10commitments.
SB957,17,12
11(7) Limitations. (a) Nothing in this section shall be construed to restrict a
12controller's or processor's ability to do any of the following:
SB957,17,1313
1. Comply with federal, state, or local laws, rules, or regulations.
SB957,17,1514
2. Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena,
15or summons by federal, state, local, or other governmental authorities.
SB957,17,1816
3. Cooperate with law enforcement agencies concerning conduct or activity that
17the controller or processor reasonably and in good faith believes may violate federal,
18state, or local laws, rules, or regulations.
SB957,17,1919
4. Investigate, establish, exercise, prepare for, or defend legal claims.
SB957,17,2320
5. Provide a product or service specifically requested by a consumer, perform
21a contract to which the consumer is a party, including fulfilling the terms of a written
22warranty, or take steps at the request of the consumer prior to entering into a
23contract.
SB957,18,3
16. Take immediate steps to protect an interest that is essential for the life or
2physical safety of the consumer or of another individual, and where the processing
3cannot be manifestly based on another legal basis.
SB957,18,74
7. Prevent, detect, protect against, or respond to security incidents, identity
5theft, fraud, harassment, malicious or deceptive activities, or any illegal activity;
6preserve the integrity or security of systems; or investigate, report, or prosecute
7those responsible for any such action.
SB957,18,118
8. Engage in public or peer-reviewed scientific or statistical research in the
9public interest that adheres to all other applicable ethics and privacy laws and is
10approved, monitored, and governed by an institutional review board, or similar
11independent oversight entities that determine all of the following:
SB957,18,1312
a. If the deletion of the information is likely to provide substantial benefits that
13do not exclusively accrue to the controller.
SB957,18,1414
b. The expected benefits of the research outweigh the privacy risks.
SB957,18,1615
c. If the controller has implemented reasonable safeguards to mitigate privacy
16risks associated with research, including any risks associated with reidentification.
SB957,18,1817
9. Assist another controller, processor, or 3rd party with any of the obligations
18under this section.