2025 - 2026 LEGISLATURE
LRB-3575/1
MPG:skw
July 9, 2025 - Introduced by Senators Hesselbein, Larson, Carpenter, Keyeski and Ratcliff, cosponsored by Representatives Bare, Cruz, Hong, Hysell, Mayadev, Anderson, Andraca, Arney, Billings, Brown, Clancy, DeSanto, DeSmidt, Emerson, Fitzgerald, Goodwin, Haywood, J. Jacobson, Joers, Johnson, Kirsch, Madison, McCarville, McGuire, Miresse, Neubauer, Ortiz-Velez, Palmeri, Phelps, Prado, Rivera-Wagner, Roe, Sheehan, Sinicki, Moore Omokunde, Snodgrass, Stroud, Stubbs, Subeck, Tenorio, Udell and Vining. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB369,1,5
1An Act to create 20.934 of the statutes; relating to: prohibiting the state from
2sharing data with the federal government that contains personally
3identifiable information if the data is not first masked or otherwise
4anonymized and authorizing a civil cause of action for negligent violations of
5that prohibition. Analysis by the Legislative Reference Bureau
Under this bill, except as specified below, no state agency or other body in Wisconsin state government, including the legislature and the courts, may share with the federal government data containing personally identifiable information unless the data is first masked or otherwise anonymized. Under the bill, any person who negligently violates that prohibition is liable to any person injured as a result of the violation for actual damages to that person, exemplary damages of not more than $1,000, and costs and reasonable actual attorney fees.
Notwithstanding the bill’s prohibition, under the bill, a state agency may share unmasked data with federal officials or agencies to the extent necessary to comply with other state law or federal law or to carry out the administration of a state or federal program; a member of the legislature may share unmasked data with federal officials or agencies to the extent necessary to carry out constituent relations or the member’s other official duties; and a court may share unmasked data with federal officials or agencies to the extent necessary to carry out the court’s official duties.
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:
SB369,1
1Section 1. 20.934 of the statutes is created to read: SB369,2,3220.934 Prohibiting certain data sharing. (1) Definitions. In this 3section: SB369,2,64(a) “Personally identifiable information” means information that can be 5associated with a particular individual through one or more identifiers or other 6information or circumstances. SB369,2,107(b) “State agency” means an association, authority, board, department, 8commission, independent agency, institution, office, or other body in state 9government created or authorized to be created by the constitution or any law, 10including the legislature and the courts. SB369,2,1311(2) Prohibited data sharing. (a) Except as provided in par. (b), no state 12agency may share with any federal official or agency data containing personally 13identifiable information unless the data is first masked or otherwise anonymized. SB369,2,1614(b) 1. A state agency may share unmasked data with federal officials or 15agencies to the extent necessary to comply with other state law or federal law or to 16carry out the administration of a state or federal program. SB369,2,19172. A member of the legislature may share unmasked data with federal 18officials or agencies to the extent necessary to carry out constituent relations or the 19member’s other official duties. SB369,3,2
13. A court may share unmasked data with federal officials or agencies to the 2extent necessary to carry out the court’s official duties. SB369,3,63(3) Actions for violations. Any person who negligently violates sub. (2) 4shall be liable to any person injured as a result of the violation for actual damages 5to that person, exemplary damages of not more than $1,000, and costs and 6reasonable actual attorney fees.
