ATCP 17.02 HistoryHistory: CR 04-103: cr. Register September 2005 No. 597, eff. 10-1-05; CR 06-009: am. (2) (c) 3. and 8. Register September 2006 No. 609, eff. 10-1-06; CR 07-107: am. (1), (2) (b), (4) (d), (5) (d) and (6) (a), r. and recr. (2) (c), (4) (h) 1. and 8. to 10, cr. (4) (bm), r. (4) (h) 11. and 12. Register November 2008 No. 635, eff. 12-1-08; CR 12-024: renum. (1) to (1) (a) and am., cr. (1) (b), (c) Register May 2013 No. 689, eff. 6-1-13; CR 18-018: r. and recr. (2) (c), am. (3) (intro.), (a), (b), cr. (3) (c), r. (4) (e), am. (4) (f), (h) 9., (5) (a), (b), (c), r. (5) (d), am. (6) (a), (c), r. (6) (d), am. (7), Register July 2019 No. 763, eff. 8-1-19. ATCP 17.03(1)(1) General. Except as provided in subs. (2) to (4), premises registration information received by the department or its contract agent under s. ATCP 17.02 is confidential and may not be disclosed to any other person or agency. ATCP 17.03 NoteNote: A premises code is not confidential because it is not received from the registrant but is issued by the department. A premises code, by itself, does not reveal any information received from a registrant.
ATCP 17.03(2)(2) Information required by other laws. Subsection (1) does not apply to information that a person is required to provide to the department under other law. This subsection does not authorize disclosure of information that is protected from disclosure under other law. ATCP 17.03 NoteNote: For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law, s. 95.51, Stats., remains open to public inspection. But premises registration information required for the first time under s. 95.51, Stats., or this chapter must be kept confidential. ATCP 17.03(3)(3) Authorized disclosure. The department may disclose, to any of the following, information that a registrant provides under s. ATCP 17.02: ATCP 17.03(3)(b)(b) The animal and plant health inspection service of the United States department of agriculture, if the animal and plant health inspection service agrees not to disclose the information except in situations in which the department is authorized to disclose the information. ATCP 17.03(3)(d)(d) To another person or agency, or to the public, if the department believes that the release is necessary to prevent or control disease, to enforce laws under its jurisdiction, or to protect public health, safety, or welfare. The department may disclose information under this paragraph subject to any confidentiality requirements that the department considers necessary under the circumstances. ATCP 17.03(4)(a)(a) The department may create aggregate information, such as maps and statistics, from registration information obtained under s. ATCP 17.02. Except as provided in par. (b), the department may disclose that aggregate information to another person or agency, or to the public. ATCP 17.03(4)(b)(b) The department may not disclose aggregate information under par. (a) that does any of the following, unless that information qualifies for disclosure under sub. (2) or (3): ATCP 17.03(4)(b)1.1. Discloses the street address, section number, geographic coordinates of any premises, or the identity of any registrant. ATCP 17.03(4)(b)2.2. Makes it possible to deduce with certainty the street address, section number, or geographic coordinates of any premises, or the identity of any registrant. ATCP 17.03 NoteNote: For example, the department may not disclose a detailed map that permits readers to deduce with certainty the street address, section number, or geographic coordinates of any premises, or the identities of registrants whose premises are portrayed by points on the map. However, the department may disclose less detailed maps.
ATCP 17.03(5)(5) Disclosure by contract agent. The department may authorize its contract agent to disclose, on behalf of the department, information that the department is authorized to disclose under this section, except that the department may not authorize its contract agent to release aggregate information. ATCP 17.04(1)(1) General. The department may contract with an agent to process registrations, manage registration information, and perform other functions on behalf of the department under this chapter. The contract agent shall comply with this chapter and the contract. ATCP 17.04(2)(2) Contract. A contract under sub. (1) shall specify applicable terms and conditions, including all of the following: ATCP 17.04(2)(a)(a) The services that the contract agent will perform for the department, and the price for which the contract agent will perform those services. ATCP 17.04(2)(b)(b) The scope of authority that the department delegates to the contract agent for the purpose of performing the services under par. (a), and relevant limits on that authority. ATCP 17.04(2)(c)(c) The registration process and forms approved under sub. (3), if the contract agent will process registrations on behalf of the department. ATCP 17.04(2)(d)(d) Terms related to information disclosure and confidentiality, including the terms specified in sub. (4). ATCP 17.04(2)(e)(e) Terms related to information management, including the terms specified in sub. (5). ATCP 17.04(2)(f)(f) Terms related to contract agent actions that may affect or impair the administration of this chapter, including the terms specified in subs. (6) to (8). ATCP 17.04(2)(g)(g) Provisions related to contract termination, including the terms specified in sub. (9).