SB642,,49 (2) Personal data rights; consumers. (a) A consumer may invoke the consumer rights authorized under this subsection at any time by submitting a request to a controller specifying the consumer rights the consumer wishes to invoke. A known child’s parent or legal guardian may invoke such consumer rights on behalf of the child regarding processing personal data belonging to the known child. A controller shall comply with an authenticated consumer request to exercise any of the following rights:

SB642,,50 1. To confirm whether or not a controller is processing the consumer’s personal data and to access such personal data, unless such confirmation or access would require the controller to reveal a trade secret.

SB642,,51 2. To correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.

SB642,,52 3. To delete personal data provided by or obtained about the consumer.

SB642,,53 4. To obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided such controller shall not be required to reveal any trade secret.

SB642,,54 5. To opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

SB642,,55 (b) 1. Except as otherwise provided in this section, a controller shall comply with a request by a consumer to exercise the consumer rights authorized under par. (a).

SB642,,56 2. A controller shall respond to a consumer without undue delay, but in all cases within 45 days of receipt of a request submitted under par. (a). The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of the consumer’s requests, so long as the controller informs the consumer of any such extension within the initial 45-day response period, together with the reason for the extension.

SB642,,57 3. If a controller declines to take action regarding a consumer’s request, the controller shall inform the consumer without undue delay, but in all cases and at the latest within 45 days of receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision under par. (c).

SB642,,58 4. Information provided in response to a consumer request shall be provided by a controller free of charge, once annually per consumer. If requests from a consumer are manifestly unfounded, technically infeasible, excessive, or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request. The controller bears the burden of demonstrating the manifestly unfounded, technically infeasible, excessive, or repetitive nature of the request.

SB642,,59 5. If a controller is unable to authenticate the request using commercially reasonable efforts, the controller may not be required to comply with a request to initiate an action under par. (a) and may request that the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer’s request.

SB642,,60 6. A controller that has obtained personal data about a consumer from a source other than the consumer shall be deemed in compliance with a consumer’s request to delete the personal data under par. (a) 3. by doing any of the following:

SB642,,61 a. Deleting the personal data, retaining a record of the request and the minimum data necessary to ensure the consumer’s personal data remains deleted from the controller’s records, and not using the retained data for any other purpose.

SB642,,62 b. Not processing the consumer’s personal data except as otherwise authorized under this section.

SB642,,63 (c) A controller shall establish a process for a consumer to appeal the controller’s refusal to take action on a request within a reasonable period of time after the consumer’s receipt of the decision pursuant to par. (b) 3. The appeal process shall be conspicuously available and similar to the process for submitting requests to initiate action under par. (a). Within 60 days of receipt of an appeal, a controller shall inform the consumer in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, the controller shall also provide the consumer with an online mechanism, if available, or other method through which the consumer may contact the attorney general to submit a complaint.

SB642,,64 (3) Data controller responsibilities; transparency. (a) 1. A controller shall limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer.

SB642,,65 2. Except as otherwise provided in this section, a controller may not process personal data for purposes that are not reasonably necessary to and not compatible with the disclosed purposes for which such personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer’s consent.

SB642,,66 3. A controller shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. Such data security practices shall be appropriate to the volume and nature of the personal data at issue.

SB642,,67 4. A controller may not process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers. A controller may not discriminate against a consumer for exercising any of the consumer rights contained in this section, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods and services to the consumer. Nothing in this subdivision shall be construed to require a controller to provide a product or service that requires the personal data of a consumer that the controller does not collect or maintain, or to prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the consumer has exercised his or her right to opt out under sub. (2) (a) 5. or the offer is related to a consumer’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.

SB642,,68 5. A controller may not process sensitive data concerning a consumer without obtaining the consumer’s consent, or, in the case of the processing of sensitive data concerning a known child, without processing such data in accordance with the federal Children’s Online Privacy Protection Act, 15 USC 6501 et seq.

SB642,,69 (b) Any provision of a contract or agreement that purports to waive or limit consumer rights under sub. (2) is void and unenforceable.

SB642,,70 (c) A controller shall provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes all of the following:

SB642,,71 1. The categories of personal data processed by the controller.

SB642,,72 2. The purpose of processing personal data.

SB642,,73 3. How consumers may exercise their consumer rights under sub. (2), including how a consumer may appeal a controller’s decision with regard to the consumer’s request.

SB642,,74 4. The categories of personal data that the controller shares with 3rd parties, if any.

SB642,,75 5. The categories of 3rd parties, if any, with whom the controller shares personal data.

SB642,,76 (d) If a controller sells personal data to 3rd parties or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose such processing, as well as the manner in which a consumer may exercise the right to opt out of such processing.

SB642,,77 (e) A controller shall establish, and shall describe in a privacy notice, one or more secure and reliable means for consumers to submit a request to exercise their consumer rights under this section. Such means shall take into account the ways in which consumers normally interact with the controller, the need for secure and reliable communication of such requests, and the ability of the controller to authenticate the identity of the consumer making the request. Controllers may not require a consumer to create a new account in order to exercise consumer rights under sub. (2) but may require a consumer to use an existing account.