SB642: Bill Text

SB642,,146 (h) Processing personal data for the purposes expressly identified in par. (a) shall not solely make an entity a controller with respect to such processing.

SB642,,147 (8) Scope; exemptions. (a) This section applies to persons that conduct business in this state or produce products or services that are targeted to residents of this state and who satisfy either of the following:

SB642,,148 1. During a calendar year, the person controls or processes personal data of at least 100,000 consumers.

SB642,,149 2. The person controls or processes personal data of at least 25,000 consumers and derives over 50 percent of gross revenue from the sale of personal data.

SB642,,150 (b) This section shall not apply to any of the following:

SB642,,151 1. An association, authority, board, department, commission, independent agency, institution, office, society, or other body in state or local government created or authorized to be created by the constitution or any law.

SB642,,152 2. Financial institutions, affiliates of financial institutions, or data subject to Title V of the federal Gramm-Leach-Bliley Act, 15 USC 6801 et seq.

SB642,,153 3. A covered entity or business associate governed by HIPAA or HITECH.

SB642,,154 4. A nonprofit organization.

SB642,,155 5. An institution of higher education.

SB642,,156 6. The entity under contract under s. 153.05 (2m) (a) and its contractors.

SB642,,157 7. The data organization under contract under s. 153.05 (2r) and its contractors.

SB642,,158 (c) The following information and data are exempt from this section:

SB642,,159 1. Any health care information or record that is governed by HIPAA, HITECH, Cures Act, or any other federal law governing the use, disclosure, access or creation of health care information or records, including any derived, identifiable, de-identifiable, confidential or non-confidential health care information or records as defined by such federal laws.

SB642,,160 2. Any health care information or record that is governed by s. 51.30, 146.816, 146.82, 146.83, or 146.84, chapter 153, or other Wisconsin law governing the use, disclosure, access or creation of health care information or records, including any derived, identifiable, de-identifiable, confidential or non-confidential health care information or records as defined by such Wisconsin laws.

SB642,,161 3. Any of the following:

SB642,,162 a. Identifiable private information for purposes of the federal policy for the protection of human subjects under 45 CFR Part 46.

SB642,,163 b. Identifiable private information that is otherwise information collected as part of human subjects research pursuant to the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use or under 21 CFR Parts 50 and 56.

SB642,,164 c. Personal data used or shared in research conducted in accordance with the requirements set forth in this section, or other research conducted in accordance with applicable law.

SB642,,165 4. Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 USC 11101 et seq.

SB642,,166 5. Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act, 42 USC 299b-21 et seq.

SB642,,167 6. Information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as information exempt under this paragraph.

SB642,,168 7. The collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act, 15 USC 1681 et seq.

SB642,,169 8. Personal data collected, processed, sold, or disclosed in compliance with the federal Driver’s Privacy Protection Act of 1994, 18 USC 2721 et seq.

SB642,,170 9. Personal data regulated by the federal Family Educational Rights and Privacy Act, 20 USC 1232g et seq.

SB642,,171 10. Personal data collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act, 12 USC 2001 et seq.

SB642,,172 11. Data processed or maintained for any of the following purposes:

SB642,,173 a. In the course of an individual applying to, employed by, or acting as an agent or independent contractor of a controller, processor, or 3rd party, to the extent that the data is collected and used within the context of that role.

SB642,,174 b. As the emergency contact information of an individual under this section used for emergency contact purposes.

SB642,,175 c. That is necessary to retain to administer benefits for another individual relating to an individual described in subd. 15. a. and used for the purposes of administering those benefits.

SB642,,176 12. Personal data collected, processed, and maintained in compliance with the Children’s Online Privacy Protection Act of 1998, 15 USC 6501 et seq., as amended, and regulations thereto.

SB642,,177 (9) Violations. (a) The attorney general shall have exclusive authority to enforce violations of this section.

SB642,,178 (b) 1. Prior to initiating any action under this section, the attorney general shall provide a controller or processor 30 days’ written notice identifying the specific provisions of this section the attorney general, on behalf of a consumer, alleges have been or are being violated. If within the 30 days the controller or processor cures the noticed violation and provides the attorney general an express written statement that the alleged violations have been cured and that no such further violations shall occur, no action for statutory damages shall be initiated against the controller or processor.

SB642,,179 2. If a controller or processor continues to violate this section in breach of an express written statement provided to the consumer under this section, the attorney general may initiate an action and seek damages for up to $7,500 for each violation under this section.

SB642,,180 (c) Nothing in this section shall be construed as providing the basis for, or be subject to, a private right of action to violations of this section or under any other law.

SB642,,181 (10) Enforcement. (a) The attorney general retains exclusive authority to enforce this section by bringing an action in the name of the state, or on behalf of persons residing in the state. The attorney general may issue a civil investigative demand to any controller or processor believed to be engaged in, or about to engage in, any violation of this section, and by the civil investigative demand the attorney general may compel the attendance of any officers or agents of the controller or processor, examine the officers or agents of the controller or processor under oath, require the production of any books or papers that the attorney general deems relevant or material to the inquiry, and issue written interrogatories to be answered by the officers or agents of the controller or processor.

SB642,,182 (b) Any controller or processor that violates this section is subject to an injunction and liable for a forfeiture of not more than $7,500 for each violation.

SB642,,183 (c) Notwithstanding s. 814.04 (1), the attorney general may recover reasonable expenses incurred in investigating and preparing the case, including attorney fees, of any action initiated under this section.

SB642,,184 (11) Local preemption. No city, village, town, or county may enact or enforce an ordinance that regulates the collection, processing, or sale of personal data.

SB642,2 Section 2. Effective date.

SB642,,186 (1) This act takes effect on January 1, 2025.

SB642,,187 (end)