SB642,,100 4. The processing of sensitive data.

SB642,,101 5. Any processing activities involving personal data that present a heightened risk of harm to consumers.

SB642,,102 (b) Data protection assessments conducted under par. (a) shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The use of deidentified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed, shall be factored into this assessment by the controller.

SB642,,103 (c) The attorney general may request, pursuant to a civil investigative demand issued under sub. (10) (a), that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general, and the controller shall make the data protection assessment available to the attorney general. The attorney general may evaluate the data protection assessment for compliance with the responsibilities set forth in sub. (3). Data protection assessments shall be confidential and not subject to the right of inspection and copying under s. 19.35 (1). The disclosure of a data protection assessment pursuant to a request from the attorney general shall not constitute a waiver of attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.

SB642,,104 (d) A single data protection assessment may address a comparable set of processing operations that include similar activities.

SB642,,105 (e) Data protection assessments conducted by a controller for the purpose of compliance with other laws or regulations may comply under this section if the assessments have a reasonably comparable scope and effect.

SB642,,106 (f) Data protection assessment requirements shall apply to processing activities created or generated after January 1, 2024, and are not retroactive.

SB642,,107 (6) Processing deidentified data; exemptions. (a) A controller in possession of deidentified data shall do all of the following:

SB642,,108 1. Take reasonable measures to ensure that the data cannot be associated with an individual.

SB642,,109 2. Publicly commit to maintaining and using deidentified data without attempting to reidentify the data.

SB642,,110 3. Contractually obligate any recipients of the deidentified data to comply with all provisions of this section.

SB642,,111 (b) Nothing in this section shall be construed to require a controller or processor to do any of the following:

SB642,,112 1. Reidentify deidentified data or pseudonymous data.

SB642,,113 2. Maintain data in identifiable form.

SB642,,114 3. Collect, obtain, retain, or access any data or technology, in order to be capable of associating an authenticated consumer request with personal data.

SB642,,115 (c) Nothing in this section shall be construed to require a controller or processor to comply with an authenticated consumer rights request under sub. (2) if all of the following are true:

SB642,,116 1. The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data.

SB642,,117 2. The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer.

SB642,,118 3. The controller does not sell the personal data to any 3rd party or otherwise voluntarily disclose the personal data to any 3rd party other than a processor, except as otherwise permitted in this subsection.

SB642,,119 (d) The consumer rights contained in subs. (2) (a) 1. to 4. and (3) shall not apply to pseudonymous data in cases where the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information.

SB642,,120 (e) A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.

SB642,,121 (7) Limitations. (a) Nothing in this section shall be construed to restrict a controller’s or processor’s ability to do any of the following:

SB642,,122 1. Comply with federal, state, or local laws, rules, or regulations.

SB642,,123 2. Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, local, or other governmental authorities.

SB642,,124 3. Cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations.

SB642,,125 4. Investigate, establish, exercise, prepare for, or defend legal claims.

SB642,,126 5. Provide a product or service specifically requested by a consumer or the parent or guardian of a child, perform a contract to which the consumer is a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer prior to entering into a contract.

SB642,,127 6. Take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual, and where the processing cannot be manifestly based on another legal basis.

SB642,,128 7. Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action.