March 27, 2025 - Introduced by Senators Quinn, Nass, Roys and Marklein, cosponsored by Representatives Zimmerman, Sortwell, Allen, Armstrong, Behnke, Dittrich, Duchow, Goeben, Gustafson, Knodl, Kreibich, Krug, Kurtz, Maxey, Melotik, Murphy, Mursau, Nedweski, O'Connor, Penterman, Piwowarczyk, Pronschinske, Snyder, Steffen, Tittl, Tusler, Wittke and Moses. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB166,1,3
1An Act to repeal 100.80 (9) (b) 1.; to renumber and amend 100.80 (9) (b) 2.; 2to create 100.80 of the statutes; relating to: consumer data protection and
3providing a penalty. Analysis by the Legislative Reference Bureau
This bill establishes requirements for controllers and processors of the personal data of consumers. The bill defines a “controller” as a person that, alone or jointly with others, determines the purpose and means of processing personal data, and the bill applies to controllers that control or process the personal data of at least 100,000 consumers or that control or process the personal data of at least 25,000 consumers and derive over 50 percent of their gross revenue from the sale of personal data. Under the bill, “personal data” means any information that is linked or reasonably linkable to an individual except for publicly available information.
The bill provides consumers with the following rights regarding their personal data: 1) to confirm whether a controller is processing the consumer’s personal data and to access the personal data; 2) to correct inaccuracies in the consumer’s personal data; 3) to require a controller to delete personal data provided by or about the consumer; 4) to obtain a copy of the personal data that the consumer previously provided to the controller; and 5) to opt out of the processing of the consumer’s personal data for targeted advertising; the sale of the consumer’s personal data; and certain forms of automated processing of the consumer’s personal data. These rights are subject to certain exceptions specified in the bill. Controllers may not discriminate against a consumer for exercising rights under the bill, including by charging different prices for goods or providing a different level of quality of goods or services.
A controller must establish one or more secure and reliable means for consumers to submit a request to exercise their consumer rights under the bill. Such means must include a clear and conspicuous link on the controller’s website to a webpage that enables a consumer or an agent of a consumer to opt out of the targeted advertising or sale of the consumer’s personal data and, on or after July 1, 2028, an opt-out preference signal sent, with a consumer’s intent, by a platform, technology, or mechanism to the controller indicating the consumer’s intent to opt out of any processing of the consumer’s personal data for the purpose of targeted advertising or sale of the consumer’s personal data.
The bill requires controllers to respond to consumers’ requests to invoke rights under the bill without undue delay. If a controller declines to take action regarding a consumer’s request, the controller must inform the consumer of its justification without undue delay. The bill also requires that information provided in response to a consumer’s request be provided free of charge once annually per consumer. Controllers must also establish processes for consumers to appeal a refusal to take action on a consumer’s request. Within 60 days of receiving an appeal, a controller must inform the consumer in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for its decisions. If the appeal is denied, the controller must provide the consumer with a method through which the consumer can contact the Department of Agriculture, Trade and Consumer Protection to submit a complaint.
Under the bill, a controller must provide consumers with a privacy notice that discloses the categories of personal data processed by the controller; the purpose of processing the personal data; the categories of third parties, if any, with whom the controller shares personal data; the categories of personal data that the controller shares with third parties; and information about how consumers may exercise their rights under the bill. Controllers may not collect or process personal data for purposes that are not relevant to or reasonably necessary for the purposes disclosed in the privacy notice. The bill’s requirements do not restrict a controller’s ability to collect, use, or retain data for conducting internal research, effectuating a product recall, identifying and repairing technical errors, or performing internal operations that are reasonably aligned with consumer expectations or reasonably anticipated on the basis of a consumer’s relationship with the controller.
Persons that process personal data on behalf of a controller must adhere to a contract between the controller and the processor, and such contracts must satisfy certain requirements specified in the bill. The bill also requires controllers to conduct data protection assessments related to certain activities, including processing personal data for targeted advertising, selling personal data, processing personal data for profiling purposes, and processing sensitive data, as defined in the bill. DATCP may request that a controller disclose a data protection assessment that is relevant to an investigation being conducted by DATCP.
DATCP and the Department of Justice have exclusive authority to enforce violations of the bill’s requirements. A controller or processor that violates the bill’s requirements is subject to a forfeiture of up to $10,000 per violation, and DATCP or DOJ may recover reasonable investigation and litigation expenses incurred. During the time between the bill’s effective date and July 1, 2031, before bringing an action to enforce the bill’s requirements, DATCP or DOJ must first provide a controller or processor with a written notice identifying the violations. If within 30 days of receiving the notice the controller or processor cures the violation and provides DATCP or DOJ with an express written statement that the violation is cured and that no such further violations will occur, then DATCP or DOJ may not bring an action against the controller or processor.
The bill also prohibits cities, villages, towns, and counties from enacting or enforcing ordinances that regulate the collection, processing, or sale of personal data.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB166,1
1Section 1. 100.80 of the statutes is created to read: SB166,2,22100.80 Consumer data protection. (1) Definitions. In this section: SB166,2,93(a) “Affiliate” means a legal entity that controls, is controlled by, or is under 4common control with another legal entity or shares common branding with another 5legal entity. For the purposes of this definition, “control” or “controlled” means 6ownership of, or the power to vote, more than 50 percent of the outstanding shares 7of any class of voting security of a company; control in any manner over the election 8of a majority of the directors or of individuals exercising similar functions; or the 9power to exercise controlling influence over the management of a company. SB166,3,210(b) “Authenticate” means verifying through reasonable means that the 11consumer, entitled to exercise his or her consumer rights under sub. (2), is the same
1consumer exercising such consumer rights, or is an individual with authority to 2exercise such rights of a consumer, with respect to the personal data at issue. SB166,3,103(c) “Biometric data” means data generated by automatic measurements of an 4individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, 5irises, or other unique biological patterns or characteristics that are used to identify 6a specific individual. “Biometric data” does not include a physical or digital 7photograph, a video or audio recording or data generated therefrom unless such 8data is generated to identify a specific individual, or information collected, used, or 9stored for health care treatment, payment, or operations under the federal Health 10Insurance Portability and Accountability Act of 1996. SB166,3,1111(d) “Business associate” has the meaning given in 45 CFR 160.103. SB166,3,1212(e) “Child” means an individual younger than 13 years of age. SB166,3,1713(f) “Consent” means a clear affirmative act signifying a consumer’s freely 14given, specific, informed, and unambiguous agreement to process personal data 15relating to the consumer. “Consent” may include a written statement, including a 16statement written by electronic means, or any other unambiguous affirmative 17action. “Consent” does not include any of the following: SB166,3,20181. Acceptance of a general terms-of-use document or similar document that 19contains descriptions of personal data processing along with other, unrelated 20information. SB166,3,21212. Hovering over, muting, pausing, or closing a given piece of content. SB166,3,22223. Agreements obtained by using dark patterns. SB166,4,223(g) “Consumer” means an individual who is a resident of this state acting only
1in an individual or household context. “Consumer” does not include an individual 2acting in a commercial or employment context. SB166,4,43(h) “Controller” means a person that, alone or jointly with others, determines 4the purpose and means of processing personal data. SB166,4,55(i) “Covered entity” has the meaning given in 45 CFR 160.103. SB166,4,76(ja) “Cures Act” means the federal 21st Century Cures Act and valid federal 7regulations enacted pursuant to such provisions. SB166,4,108(jd) “Dark pattern” means a user interface designed or manipulated with the 9substantial effect of subverting or impairing user autonomy, decision making, or 10choice. SB166,4,1511(jg) “Decisions that produce legal or similarly significant effects concerning a 12consumer” means a decision made by the controller that results in the provision or 13denial by the controller of financial and lending services, housing, insurance, 14education enrollment, criminal justice, employment opportunities, health care 15services, or access to basic necessities, such as food and water. SB166,4,1716(ka) “Deidentified data” means data that cannot reasonably be linked to an 17identified or identifiable individual, or a device linked to such person. SB166,4,2018(kb) “Identified or identifiable individual” means a person who can be readily 19identified, directly or indirectly, in particular by reference to an identifier such as a 20name, an identification number, specific geolocation data, or an online identifier. SB166,4,2321(La) “HIPAA” means the federal Health Insurance Portability and 22Accountability Act and valid federal regulations enacted pursuant to the act, 23including 45 CFR 164.500 to 164.534. SB166,5,3
1(Lg) “HITECH” means the federal Health Information Technology for 2Economic and Clinical Health Act and valid federal regulations enacted pursuant 3to the act. SB166,5,44(m) “Institution of higher education” has the meaning given in s. 39.32 (1) (a). SB166,5,75(n) “Nonprofit organization” means any corporation organized under ch. 181, 6any organization identified under s. 895.486 (2) (e), or any organization exempt 7from taxation under section 501 (c) (3), (6), or (12) of the Internal Revenue Code. SB166,5,108(o) “Personal data” means any information that is linked or reasonably 9linkable to an identified or identifiable individual. “Personal data” does not include 10deidentified data or publicly available information. SB166,5,1711(p) “Precise geolocation data” means information derived from technology, 12including global positioning system level latitude and longitude coordinates or other 13mechanisms, that directly identifies the specific location of an individual with 14precision and accuracy within a radius of 1,750 feet. “Precise geolocation data” 15does not include the content of communications or any data generated by or 16connected to advanced utility metering infrastructure systems or equipment for use 17by a utility. SB166,5,2118(q) “Process” or “processing” means any operation or set of operations 19performed, whether by manual or automated means, on personal data or on sets of 20personal data, such as the collection, use, storage, disclosure, analysis, deletion, or 21modification of personal data. SB166,5,2322(r) “Processor” means an individual or person that processes personal data on 23behalf of a controller. SB166,6,4
1(s) “Profiling” means any form of automated processing performed on 2personal data to evaluate, analyze, or predict personal aspects related to an 3identified or identifiable individual’s economic situation, health, personal 4preferences, interests, reliability, behavior, location, or movements. SB166,6,95(t) “Pseudonymous data” means personal data that cannot be attributed to a 6specific individual without the use of additional information, provided that such 7additional information is kept separately and is subject to appropriate technical 8and organizational measures to ensure that the personal data is not attributed to 9an identified or identifiable individual. SB166,6,1510(u) “Publicly available information” means information that is lawfully made 11available through federal, state, or local government records, or information that a 12business has a reasonable basis to believe is lawfully made available to the general 13public through widely distributed media, by the consumer, or by a person to whom 14the consumer has disclosed the information, unless the consumer has restricted the 15information to a specific audience. SB166,6,1816(v) “Sale of personal data” means the exchange of personal data for monetary 17or other valuable consideration by the controller to a 3rd party. “Sale of personal 18data” does not include any of the following: SB166,6,20191. The disclosure of personal data to a processor that processes the personal 20data on behalf of the controller. SB166,6,22212. The disclosure of personal data to a 3rd party for purposes of providing a 22product or service requested by the consumer. SB166,7,2233. The disclosure of personal data based on the consumer directing the
1controller to disclose the personal data or intentionally using the controller to 2interact with a 3rd party. SB166,7,334. The disclosure or transfer of personal data to an affiliate of the controller. SB166,7,645. The disclosure of information that a consumer intentionally made available 5to the general public via a channel of mass media and did not restrict to a specific 6audience. SB166,7,976. The disclosure or transfer of personal data to a 3rd party as an asset that is 8part of a merger, acquisition, bankruptcy, or other transaction in which the 3rd 9party assumes control of all or part of the controller’s assets. SB166,7,1010(w) “Sensitive data” includes the following: SB166,7,12111. Personal data revealing racial or ethnic origin, religious beliefs, mental or 12physical health diagnosis, sexual orientation, or citizenship or immigration status. SB166,7,14132. The processing of genetic or biometric data for the purpose of uniquely 14identifying an individual. SB166,7,15153. The personal data collected from a known child. SB166,7,16164. Precise geolocation data. SB166,7,2117(x) “Targeted advertising” means displaying advertisements to a consumer 18where the advertisement is selected based on personal data obtained or inferred 19from that consumer’s activities over time and across nonaffiliated websites or 20online applications to predict such consumer’s preferences or interests. “Targeted 21advertising” does not include any of the following: SB166,7,23221. Advertisements based on activities within a controller’s own websites or 23online applications. SB166,8,2
12. Advertisements based on the context of a consumer’s current search query, 2visit to a website, or online application. 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.