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 consumer’s 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 Driver’s 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: SB166,27,64a. In the course of an individual applying to, employed by, or acting as an 5agent or independent contractor of a controller, processor, or 3rd party, to the extent 6that the data is collected and used within the context of that role. SB166,27,87b. As the emergency contact information of an individual under this section 8used for emergency contact purposes. SB166,27,119c. That is necessary to retain to administer benefits for another individual 10relating to an individual described in subd. 15. a. and used for the purposes of 11administering those benefits. SB166,27,141212. Personal data collected, processed, and maintained in compliance with the 13Children’s Online Privacy Protection Act of 1998, 15 USC 6501 et seq., as amended, 14and regulations thereto. SB166,27,1615(9) Violations. (a) The department and the department of justice shall have 16authority to enforce violations of this section. SB166,28,217(b) 1. The department or the department of justice shall, at least 30 days 18before initiating any action under this section, provide a controller or processor 19written notice that identifies the specific provisions of this section the department 20or the department of justice alleges have been or are being violated. If within the 30 21days the controller or processor cures the noticed violation and provides the 22department or the department of justice an express written statement that the
1alleged violations have been cured and that no such further violations shall occur, 2no action shall be initiated against the controller or processor. SB166,28,632. Notwithstanding subd. 1., if a controller or processor continues to violate 4this section in breach of an express written statement provided to the department 5or the department of justice under subd. 1., the department or the department of 6justice may initiate an action under this section. SB166,28,97(c) Nothing in this section shall be construed as providing the basis for, or 8being subject to, a private right of action to violations of this section or under any 9other law. SB166,28,2210(10) Enforcement; penalties. (a) The department or the department of 11justice has exclusive authority to enforce violations of this section. The department 12or the department of justice may commence an action in any court of competent 13jurisdiction in the name of this state to restrain by temporary or permanent 14injunction the violation of this section and any order issued under this section and 15to recover a civil forfeiture of not less than $100 and not more than $10,000 for each 16violation of this section or of any order, including an injunction, issued under this 17section. The court may in its discretion, prior to the entry of final judgment, make 18such orders or judgments as may be necessary to restore any person any pecuniary 19loss suffered because of the acts or practices involved in the action, provided proof 20thereof is submitted to the satisfaction of the court. The department may use its 21authority in ss. 93.14 and 93.15 to investigate violations of this section and any 22order issued under this section. SB166,29,723(b) The department of justice may issue a civil investigative demand to any
1controller or processor believed to be engaged in, or about to engage in, any violation 2of this section, and by the civil investigative demand the department of justice may 3compel the attendance of any officers or agents of the controller or processor, 4examine the officers or agents of the controller or processor under oath, require the 5production of any books or papers that the department of justice deems relevant or 6material to the inquiry, and issue written interrogatories to be answered by the 7officers or agents of the controller or processor. SB166,29,168(c) The department or the department of justice may serve a complaint, 9notice, order, civil investigative demand, or other process in the manner provided for 10service of a summons, or a subpoena as provided by s. 885.03, and either may be 11served by registered mail to an address that the controller or processor previously 12furnished to the department, the department of justice, or the department of 13financial institutions. Service may be proved by affidavit. Service in any event may 14also be by registered mail addressed to the controller or processor and proved by 15post office return receipt, in which case the time of service is the date borne by the 16receipt. SB166,29,2017(d) Notwithstanding s. 814.04 (1), the department or the department of justice 18may recover reasonable expenses incurred in investigating, preparing, and 19prosecuting the case, including attorney fees, of any action initiated under this 20section. SB166,29,2321(11) Local preemption. No city, village, town, or county may enact or 22enforce an ordinance that regulates the collection, processing, or sale of personal 23data. SB166,2
1Section 2. 100.80 (9) (b) 1. of the statutes, as created by 2025 Wisconsin Act 2.... (this act), is repealed. SB166,33Section 3. 100.80 (9) (b) 2. of the statutes, as created by 2025 Wisconsin Act 4.... (this act), is renumbered 100.80 (9) (b) and amended to read: SB166,30,85100.80 (9) (b) Notwithstanding subd. 1., if If a controller or processor 6continues to violate violates this section in breach of an express written statement 7provided to the department or the department of justice under subd. 1., the 8department or the department of justice may initiate an action under this section. SB166,49Section 4. Effective dates This act takes effect on July 1, 2027, except as 10follows: SB166,30,1211(1) The repeal of s. 100.80 (9) (b) 1. and the renumbering and amendment of s. 12100.80 (9) (b) 2. take effect on July 1, 2031.
/2025/related/proposals/sb166
true
proposaltext
/2025/related/proposals/sb166/1/_183
proposaltext/2025/REG/SB166,27,11
proposaltext/2025/REG/SB166,27,11
section
true