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:

SB166,1 Section 1. 100.80 of the statutes is created to read:

SB166,2,2 100.80 Consumer data protection. (1) Definitions. In this section:

SB166,2,9 (a) “Affiliate” means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. For the purposes of this definition, “control” or “controlled” means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or the power to exercise controlling influence over the management of a company.

SB166,3,2 (b) “Authenticate” means verifying through reasonable means that the consumer, entitled to exercise his or her consumer rights under sub. (2), is the same consumer exercising such consumer rights, or is an individual with authority to exercise such rights of a consumer, with respect to the personal data at issue.

SB166,3,10 (c) “Biometric data” means data generated by automatic measurements of an individual’s biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that are used to identify a specific individual. “Biometric data” does not include a physical or digital photograph, a video or audio recording or data generated therefrom unless such data is generated to identify a specific individual, or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996.

SB166,3,11 (d) “Business associate” has the meaning given in 45 CFR 160.103.

SB166,3,12 (e) “Child” means an individual younger than 13 years of age.

SB166,3,17 (f) “Consent” means a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer. “Consent” may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action. “Consent” does not include any of the following:

SB166,3,20 1. Acceptance of a general terms-of-use document or similar document that contains descriptions of personal data processing along with other, unrelated information.

SB166,3,21 2. Hovering over, muting, pausing, or closing a given piece of content.

SB166,3,22 3. Agreements obtained by using dark patterns.

SB166,4,2 (g) “Consumer” means an individual who is a resident of this state acting only in an individual or household context. “Consumer” does not include an individual acting in a commercial or employment context.

SB166,4,4 (h) “Controller” means a person that, alone or jointly with others, determines the purpose and means of processing personal data.

SB166,4,5 (i) “Covered entity” has the meaning given in 45 CFR 160.103.

SB166,4,7 (ja) “Cures Act” means the federal 21st Century Cures Act and valid federal regulations enacted pursuant to such provisions.

SB166,4,10 (jd) “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision making, or choice.

SB166,4,15 (jg) “Decisions that produce legal or similarly significant effects concerning a consumer” means a decision made by the controller that results in the provision or denial by the controller of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.

SB166,4,17 (ka) “Deidentified data” means data that cannot reasonably be linked to an identified or identifiable individual, or a device linked to such person.

SB166,4,20 (kb) “Identified or identifiable individual” means a person who can be readily identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, specific geolocation data, or an online identifier.

SB166,4,23 (La) “HIPAA” means the federal Health Insurance Portability and Accountability Act and valid federal regulations enacted pursuant to the act, including 45 CFR 164.500 to 164.534.

SB166,5,3 (Lg) “HITECH” means the federal Health Information Technology for Economic and Clinical Health Act and valid federal regulations enacted pursuant to the act.

SB166,5,4 (m) “Institution of higher education” has the meaning given in s. 39.32 (1) (a).

SB166,5,7 (n) “Nonprofit organization” means any corporation organized under ch. 181, any organization identified under s. 895.486 (2) (e), or any organization exempt from taxation under section 501 (c) (3), (6), or (12) of the Internal Revenue Code.

SB166,5,10 (o) “Personal data” means any information that is linked or reasonably linkable to an identified or identifiable individual. “Personal data” does not include deidentified data or publicly available information.

SB166,5,17 (p) “Precise geolocation data” means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. “Precise geolocation data” does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.

SB166,5,21 (q) “Process” or “processing” means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.