SB166,8,433. Advertisements directed to a consumer in response to the consumer’s 4request for information or feedback. SB166,8,654. Processing personal data processed solely for measuring or reporting 6advertising performance, reach, or frequency. SB166,8,117(y) “Third party” means a person or association, authority, board, 8department, commission, independent agency, institution, office, society, or other 9body in state or local government created or authorized to be created by the 10constitution or any law, other than a consumer, controller, processor, or an affiliate 11of the processor or the controller. SB166,8,1212(z) “Trade secret” has the meaning given in s. 134.90. SB166,8,1913(2) Personal data rights; consumers. (a) A consumer or a consumer’s 14authorized agent may invoke the consumer rights authorized under this subsection 15at any time by submitting a request to a controller specifying the consumer rights 16the consumer wishes to invoke. A known child’s parent or legal guardian may 17invoke such consumer rights on behalf of the child regarding processing personal 18data belonging to the known child. A controller shall comply with an authenticated 19consumer request to exercise any of the following rights: SB166,8,22201. To confirm whether or not a controller is processing the consumer’s 21personal data and to access such personal data, unless such confirmation or access 22would require the controller to reveal a trade secret. SB166,9,2232. To correct inaccuracies in the consumer’s personal data, taking into
1account the nature of the personal data and the purposes of the processing of the 2consumer’s personal data. SB166,9,333. To delete personal data provided by or obtained about the consumer. SB166,9,944. To obtain a copy of the consumer’s personal data that the consumer 5previously provided to the controller in a portable and, to the extent technically 6feasible, readily usable format that allows the consumer to transmit the data to 7another controller without hindrance, where the processing is carried out by 8automated means, provided such controller shall not be required to reveal any trade 9secret. SB166,9,16105. To opt out of the processing of the personal data for purposes of targeted 11advertising, the sale of personal data, or profiling in furtherance of decisions that 12produce legal or similarly significant effects concerning the consumer. A consumer 13may exercise the consumer’s rights through user-enabled global privacy controls, 14such as a browser plugin or privacy setting, device setting, or other mechanism, that 15communicate or signal the consumer’s choice to opt out of processing for the 16purpose of targeted advertising or sale of the consumer’s personal data. SB166,9,1917(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). SB166,9,23202. A controller shall respond to a consumer without undue delay, but in all 21cases within 45 days of receipt of a request submitted under par. (a). The response 22period may be extended once by 45 additional days when reasonably necessary, 23taking into account the complexity and number of the consumer’s requests, so long
1as the controller informs the consumer of any such extension within the initial 45-2day response period, together with the reason for the extension. SB166,10,633. If a controller declines to take action regarding a consumer’s request, the 4controller shall inform the consumer without undue delay, but in all cases and at 5the latest within 45 days of receipt of the request, of the justification for declining to 6take action and instructions for how to appeal the decision under par. (c). SB166,10,1374. Information provided in response to a consumer request shall be provided 8by a controller free of charge, once annually per consumer. If requests from a 9consumer are manifestly unfounded, technically infeasible, excessive, or repetitive, 10the controller may charge the consumer a reasonable fee to cover the administrative 11costs of complying with the request or decline to act on the request. The controller 12bears the burden of demonstrating the manifestly unfounded, technically infeasible, 13excessive, or repetitive nature of the request. SB166,10,18145. If a controller is unable to authenticate the request using commercially 15reasonable efforts, the controller may not be required to comply with a request to 16initiate an action under par. (a) and may request that the consumer provide 17additional information reasonably necessary to authenticate the consumer and the 18consumer’s request. SB166,10,21196. A controller that has obtained personal data about a consumer from a 20source other than the consumer shall be deemed in compliance with a consumer’s 21request to delete the personal data under par. (a) 3. by doing any of the following: SB166,11,222a. Deleting the personal data, retaining a record of the request and the
1minimum data necessary to ensure the consumer’s personal data remains deleted 2from the controller’s records, and not using the retained data for any other purpose. SB166,11,43b. Not processing the consumer’s personal data except as otherwise 4authorized under this section. SB166,11,145(c) A controller shall establish a process for a consumer to appeal the 6controller’s refusal to take action on a request within a reasonable period of time 7after the consumer’s receipt of the decision pursuant to par. (b) 3. The appeal 8process shall be conspicuously available and similar to the process for submitting 9requests to initiate action under par. (a). Within 60 days of receipt of an appeal, a 10controller shall inform the consumer in writing of any action taken or not taken in 11response to the appeal, including a written explanation of the reasons for the 12decisions. If the appeal is denied, the controller shall also provide the consumer 13with an online mechanism, if available, or other method through which the 14consumer may contact the department to submit a complaint. SB166,11,1815(3) Data controller responsibilities; transparency. (a) 1. A controller 16shall limit the collection of personal data to what is adequate, relevant, and 17reasonably necessary in relation to the purposes for which such data is processed, 18as disclosed to the consumer. SB166,11,22192. Except as otherwise provided in this section, a controller may not process 20personal data for purposes that are not reasonably necessary to and not compatible 21with the disclosed purposes for which such personal data is processed, as disclosed 22to the consumer, unless the controller obtains the consumer’s consent. SB166,12,4233. A controller shall establish, implement, and maintain reasonable
1administrative, technical, and physical data security practices to protect the 2confidentiality, integrity, and accessibility of personal data. Such data security 3practices shall be appropriate to the volume and nature of the personal data at 4issue. SB166,12,1654. A controller may not process personal data in violation of state and federal 6laws that prohibit unlawful discrimination against consumers. A controller may 7not discriminate against a consumer for exercising any of the consumer rights 8contained in this section, including denying goods or services, charging different 9prices or rates for goods or services, or providing a different level of quality of goods 10and services to the consumer. Nothing in this subdivision shall be construed to 11require a controller to provide a product or service that requires the personal data 12of a consumer that the controller does not collect or maintain, or to prohibit a 13controller from offering a different price, rate, level, quality, or selection of goods or 14services to a consumer, including offering goods or services for no fee, if the offer is 15related to a consumer’s voluntary participation in a bona fide loyalty, rewards, 16premium features, discounts, or club card program. SB166,12,20175. A controller may not process sensitive data concerning a consumer without 18obtaining the consumer’s consent, or, in the case of the processing of sensitive data 19concerning a known child, without processing such data in accordance with the 20federal Children’s Online Privacy Protection Act, 15 USC 6501 et seq. SB166,12,2221(b) Any provision of a contract or agreement that purports to waive or limit 22consumer rights under sub. (2) is void and unenforceable. SB166,13,2
1(c) A controller shall provide consumers with a reasonably accessible, clear, 2and meaningful privacy notice that includes all of the following: SB166,13,331. The categories of personal data processed by the controller. SB166,13,442. The purpose of processing personal data. SB166,13,753. How consumers may exercise their consumer rights under sub. (2), 6including how a consumer may appeal a controller’s decision with regard to the 7consumer’s request. SB166,13,984. The categories of 3rd parties, if any, with whom the controller shares 9personal data. SB166,13,11105. The categories of personal data that the controller shares with 3rd parties, 11if any. SB166,13,1512(d) If a controller sells personal data to 3rd parties or processes personal data 13for targeted advertising, the controller shall clearly and conspicuously disclose such 14processing, as well as the manner in which a consumer may exercise the right to opt 15out of such processing. SB166,14,216(e) A controller shall establish, and shall describe in a privacy notice, one or 17more secure and reliable means for consumers to submit a request to exercise their 18consumer rights under this section. Such means shall take into account the ways in 19which consumers normally interact with the controller, the need for secure and 20reliable communication of such requests, and the ability of the controller to 21authenticate the identity of the consumer making the request. Controllers may not 22require a consumer to create a new account in order to exercise consumer rights 23under sub. (2) but may require a consumer to use an existing account. A controller
1that recognizes signals approved by other states shall be considered in compliance 2with this paragraph. Such means shall include all of the following: SB166,14,531. A clear and conspicuous link on the controller’s website to a webpage that 4enables a consumer or an agent of a consumer to opt out of the targeted advertising 5or sale of the consumer’s personal data. SB166,14,1162. On or after July 1, 2028, an opt-out preference signal sent, with a 7consumer’s consent, by a platform, technology, or mechanism to the controller 8indicating the consumer’s intent to opt out of any processing of the consumer’s 9personal data for the purpose of targeted advertising or sale of the consumer’s 10personal data. Such platform, technology, or mechanism shall do all of the 11following: SB166,14,1212a. Not unfairly advantage one controller over another. SB166,14,1413b. Require the consumer to make an affirmative and unambiguous choice to 14opt out of any processing of the consumer’s personal data. SB166,14,1515c. Be easy to use by the average consumer. SB166,14,1816d. Enable the controller to accurately determine whether the consumer is a 17resident of this state and whether the consumer has made a legitimate request to 18opt out of any targeted advertising or sale of the consumer’s personal data. SB166,14,2219(4) Responsibility according to role; controller and processor. (a) A 20processor shall adhere to the instructions of a controller and shall assist the 21controller in meeting its obligations under this section. Such assistance shall 22include the following: SB166,15,3231. Taking into account the nature of processing and the information available
1to the processor, by appropriate technical and organizational measures, insofar as 2this is reasonably practicable, to fulfill the controller’s obligation to respond to 3consumer rights requests under sub. (2). SB166,15,742. Taking into account the nature of processing and the information available 5to the processor, by assisting the controller in meeting the controller’s obligations in 6relation to the security of processing the personal data and in relation to giving 7notice of unauthorized acquisition of personal information under s. 134.98. SB166,15,983. Providing necessary information to enable the controller to conduct and 9document data protection assessments under sub. (5). SB166,15,1610(b) A contract between a controller and a processor shall govern the 11processor’s data processing procedures with respect to processing performed on 12behalf of the controller. The contract shall be binding and clearly set forth 13instructions for processing data, the nature and purpose of processing, the type of 14data subject to processing, the duration of processing, and the rights and obligations 15of both parties. The contract shall also include requirements that the processor 16shall do all of the following: SB166,15,18171. Ensure that each person processing personal data is subject to a duty of 18confidentiality with respect to the data. SB166,15,21192. At the controller’s direction, delete or return all personal data to the 20controller as requested at the end of the provision of services, unless retention of 21the personal data is required by law. SB166,16,2223. Upon the reasonable request of the controller, make available to the
1controller all information in its possession necessary to demonstrate the processor’s 2compliance with the obligations in this section. SB166,16,334. At least one of the following: SB166,16,54a. Allow, and cooperate with, reasonable assessments by the controller or the 5controller’s designated assessor. SB166,16,106b. Arrange for a qualified and independent assessor to conduct an assessment 7of the processor’s 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 controller’s 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 14controller’s or processor’s 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.
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