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b. A consumer may authorize another person to, as provided in subd. 1. a.,
23direct a business not to sell the consumer's personal information. A representative
24authorized under this subd. 1. b. may not subsequently provide express
1authorization on behalf of the consumer for the business to sell the consumer's
2personal information.
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2. A business may not sell personal information that the business collects about
4a consumer to a 3rd party if the business has actual knowledge that the consumer
5is under 16 years of age unless any of the following applies:
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a. The consumer is at least 13 years of age and under 16 years of age and the
7consumer affirmatively authorizes the business to sell the consumer's personal
8information.
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b. The consumer is under 13 years of age and the consumer's parent or guardian
10affirmatively authorizes the business to sell the consumer's personal information.
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3. A business that willfully disregards the age of a consumer is considered to
12have actual knowledge of the consumer's age.
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4. A business may not request authorization from a consumer or the consumer's
14parent or guardian to sell the consumer's personal information within 12 months of
15the most recent occasion that the consumer, parent, or guardian directed the
16business not to sell the personal information or denied the business's request for
17authorization to sell the personal information.
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5. A business that collects the personal information of a consumer in connection
19with receiving a direction under subd. 1. to not sell the consumer's personal
20information may use the personal information only for the purposes of implementing
21the consumer's direction not to sell the personal information.
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(d) 1. A 3rd party may not sell personal information about a consumer that has
23been sold to the 3rd party by a business unless the 3rd party provides explicit notice
24to the consumer that the consumer's personal information has been sold to the 3rd
1party and that the 3rd party intends to sell the information and the 3rd party
2satisfies par. (b) 1. a. to c.
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2. A 3rd party may not sell information about a consumer that has been sold
4to the 3rd party by a business if the consumer directs the 3rd party not to sell the
5consumer's personal information, unless the consumer subsequently provides
6express authorization for the 3rd party to sell the personal information.
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(e) A business may not require a consumer to create an account in order to direct
8the business not to sell the consumer's personal information under par. (c).
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(f) A business shall, to protect the personal information of consumers,
10implement and maintain reasonable security procedures and practices appropriate
11to the nature of the personal information.
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12(5) Deletion of information. (a) Except as provided in par. (b), a business that
13receives a verifiable consumer request from a consumer to delete the consumer's
14personal information shall delete the personal information that the business has
15collected from the consumer from its records and direct any of the business's service
16providers to delete the consumer's personal information from their records.
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(b) A business or its service provider is not required to delete a consumer's
18personal information if it is necessary for the business or its service provider to
19maintain the consumer's personal information for any of the following purposes:
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1. To complete the transaction for which the personal information was
21collected, to provide a good or service requested by the consumer or reasonably
22anticipated to be requested by the consumer within the context of the business's
23ongoing relationship with the consumer, or to otherwise perform a contract between
24the business and the consumer.
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12. To detect security incidents, to protect against malicious, deceptive,
2fraudulent, or illegal activity, or to prosecute a person responsible for that activity.
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3. To debug to identify and repair errors that impair existing or intended
4functionality.
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4. To exercise free speech, to ensure the right of another consumer to exercise
6free speech, or to exercise another right provided by law.
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5. If the consumer provides informed consent, to engage in public or
8peer-reviewed scientific, historical, or statistical research in the public interest that
9adheres to all other applicable ethics and privacy laws, if the business's deletion of
10the personal information is likely to render impossible or seriously impair the
11achievement of that research.
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6. To enable solely internal uses that are reasonably aligned with the
13expectations of the consumer based on the consumer's relationship with the
14business.
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7. To comply with a legal obligation.
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8. To otherwise use the consumer's personal information internally in a lawful
17manner that is compatible with the context in which the consumer provided the
18information.
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19(6) Discrimination prohibited. (a) 1. A business may not discriminate against
20a consumer because the consumer makes a verifiable consumer request under sub.
21(3) (a) or (c) or (5) or because under sub. (4) (c) the personal information of the
22consumer was not permitted to be sold by the business, including by doing any of the
23following:
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a. Denying goods or services to the consumer.
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1b. Charging different prices or rates for goods or services, including through the
2use of discounts or other benefits or imposing penalties.
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c. Providing a different level or quality of goods or services to the consumer.
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d. Suggesting that the consumer will receive a different price or rate for goods
5or services or a different level or quality of goods or services.
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2. This paragraph does not prohibit a business from charging a consumer a
7different price or rate, or from providing a different level or quality of goods or
8services to the consumer, if the difference is reasonably related to the value provided
9to the consumer by the consumer's data.
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(b) 1. A business may offer financial incentives, including payments to
11consumers as compensation, for the collection of a consumer's personal information,
12the sale of a consumer's personal information, or the deletion of a consumer's
13personal information. A business may also offer a different price, rate, level, or
14quality of goods or services to a consumer if that difference is directly related to the
15value provided to the consumer by the consumer's data.
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2. A business may enter a consumer into a financial incentive program
17described in subd. 1. only if the consumer or the consumer's parent or guardian
18affirmatively authorizes entry into the program after receiving a notice that clearly
19describes the material terms of the program.