Chapter 995

995.55(3)(a)2. 2. Expel, suspend, discipline, or otherwise penalize any student for exercising the right under subd. 1. to refuse to disclose access information for, grant access to, or allow observation of the student’s personal Internet account, opposing a practice prohibited under subd. 1., filing a complaint or attempting to enforce any right under subd. 1., or testifying or assisting in any action or proceeding to enforce any right under subd. 1.

995.55(3)(a)3. 3. Refuse to admit a prospective student because the prospective student refused to disclose access information for, grant access to, or allow observation of the prospective student’s personal Internet account.

995.55(3)(b) (b) Paragraph (a) does not prohibit an educational institution from doing any of the following:

995.55(3)(b)1. 1. Requesting or requiring a student to disclose access information to the educational institution in order for the institution to gain access to or operate an electronic communications device supplied or paid for in whole or in part by the institution or in order for the educational institution to gain access to an account or service provided by the institution, obtained by virtue of the student’s admission to the educational institution, or used for educational purposes.

995.55(3)(b)2. 2. Viewing, accessing, or using information about a student or prospective student that can be obtained without access information or that is available in the public domain.

995.55(4) (4) Restrictions on landlord access to personal Internet accounts.

995.55(4)(a) (a) Except as provided in par. (b), no landlord may do any of the following:

995.55(4)(a)1. 1. Request or require a tenant or prospective tenant, as a condition of tenancy, to disclose access information for the personal Internet account of the tenant or prospective tenant or to otherwise grant access to or allow observation of that account.

995.55(4)(a)2. 2. Discriminate in a manner described in s. 106.50 (2) against a tenant or prospective tenant for exercising the right under subd. 1. to refuse to disclose access information for, grant access to, or allow observation of the personal Internet account of the tenant or prospective tenant, opposing a practice prohibited under subd. 1., filing a complaint or attempting to enforce any right under subd. 1., or testifying or assisting in any action or proceeding to enforce any right under subd. 1.

995.55(4)(b) (b) Paragraph (a) does not prohibit a landlord from viewing, accessing, or using information about a tenant or prospective tenant that can be obtained without access information or that is available in the public domain.

995.55(5) (5) No duty to monitor.

995.55(5)(a) (a) Nothing in this section creates a duty for an employer, educational institution, or landlord to search or monitor the activity of any personal Internet account.

995.55(5)(b) (b) An employer, educational institution, or landlord is not liable under this section for any failure to request or require that an employee, applicant for employment, student, prospective student, tenant, or prospective tenant grant access to, allow observation of, or disclose information that allows access to or observation of a personal Internet account of the employee, applicant for employment, student, prospective student, tenant, or prospective tenant.

995.55(6) (6) Enforcement.

995.55(6)(a) (a) Any person who violates sub. (2) (a), (3) (a), or (4) (a) may be required to forfeit not more than $1,000.

995.55(6)(b) (b) An employee who is discharged or otherwise discriminated against in violation of sub. (2) (a) 2., an applicant for employment who is not hired in violation of sub. (2) (a) 3., a student who is expelled, suspended, disciplined, or otherwise penalized in violation of sub. (3) (a) 2., or a prospective student who is not admitted in violation of sub. (3) (a) 3., may file a complaint with the department of workforce development, and that department shall process the complaint in the same manner as employment discrimination complaints are processed under s. 111.39. If the department of workforce development finds that a violation of sub. (2) (a) 2. or 3. or (3) (a) 2. or 3. has been committed, that department may order the employer or educational institution to take such action authorized under s. 111.39 as will remedy the violation. Section 111.322 (2m) applies to a discharge or other discriminatory act arising in connection with any proceeding under this paragraph.

995.55(6)(c) (c) A tenant or prospective tenant who is discriminated against in violation of sub. (4) (a) 2. may file a complaint with the department of workforce development, and that department shall process the complaint in the same manner as housing discrimination complaints are processed under s. 106.50. If the department of workforce development finds that a violation of sub. (4) (a) 2. has been committed, that department may order the landlord to take such action authorized under s. 106.50 as will remedy the violation.

995.55 History History: 2013 a. 208; 2017 a. 59.

995.55 Annotation Social Media: Locking the Door to Private Information. Dill. Wis. Law. July/Aug. 2014.

995.60 995.60 Use of surveillance devices in connection with real estate sales.

995.60(1) (1) Definitions. In this section:

995.60(1)(a) (a) “Real estate” means land and the improvements to the land.

995.60(1)(b) (b) “Record” means to take a photograph, to make a motion picture, videotape, audiotape, recording, or other visual or audio representation, or to record or store in any medium data that represents a visual image or sound recording.

995.60(1)(c) (c) “Representation” means a photograph, exposed film, motion picture, videotape, audiotape, recording, other visual or audio representation, or data that represents a visual image or audio recording.

995.60(1)(d) (d) “Surveillance device” means a camera, audio or video recorder, or any other device that may be used to observe, record, or transfer sounds or images.

995.60(2) (2) Use of surveillance devices. Except as provided under sub. (3), an owner of real estate may use a surveillance device in or on the real estate to observe or record an individual who is present in or on the real estate for a private showing, open house, or other viewing of the real estate in connection with the owner’s attempt to sell the real estate.

995.60(3) (3) Prohibited uses.

995.60(3)(a) (a) An owner of real estate may not use a surveillance device under sub. (2) in a bathroom or washroom.

995.60(3)(b) (b)

995.60(3)(b)1. 1. Except as provided under subd. 2., an owner of real estate may not copy, sell, rent, broadcast, post, publish, distribute, disclose, transfer, or otherwise share a representation of an individual recorded with a surveillance device under sub. (2).

995.60(3)(b)2. 2. An owner of real estate may provide a representation of an individual recorded with a surveillance device under sub. (2) pursuant to a court order or to the request of a law enforcement officer who is investigating possible criminal conduct.

995.60(4) (4) Interpretation.

995.60(4)(a) (a) The use of a surveillance device by an owner of real estate in or on the real estate under this section does not constitute installing a surveillance device in a private place for purposes of s. 942.08 (2) (a).

995.60(4)(b) (b) An owner of real estate that records a representation of an individual with a surveillance device under this section does not capture a representation of the individual under circumstances in which the individual has a reasonable expectation of privacy for purposes of s. 942.09 (2) (am) 1.

995.60(5) (5) Enforcement. An individual who violates sub. (3) (b) 1. may be required to forfeit not more than $500.

995.60 History History: 2019 a. 72.

995.67 995.67 Domestic abuse services; prohibited disclosures.

995.67(1) (1) In this section:

995.67(1)(a) (a) “Domestic abuse” has the meaning given in s. 49.165 (1) (a).

995.67(1)(b) (b) “Domestic abuse services organization” means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:

995.67(1)(b)1. 1. Shelter facilities or private home shelter care.

995.67(1)(b)2. 2. Advocacy and counseling.

995.67(1)(b)3. 3. A 24-hour telephone service.

995.67(1)(c) (c) “Service recipient” means any person who receives or has received domestic abuse services from a domestic abuse services organization.

995.67(2) (2) 

995.67(2)(a) (a) No employee or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:

995.67(2)(a)1. 1. The service recipient.

995.67(2)(a)2. 2. Any minor child of the service recipient.

995.67(2)(a)3. 3. Any minor child in the care or custody of the service recipient.

995.67(2)(a)4. 4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.

995.67(2)(b) (b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.

995.67 History History: 1991 a. 228; 2005 a. 155 s. 61; Stats. 2005 s. 995.67; 2007 a. 20.