Date of enactment: March 27, 2024
2023 Assembly Bill 966 Date of publication*: March 28, 2024
2023 WISCONSIN ACT 235
AN ACT to amend 19.36 (11) and 19.55 (1); and to create 8.10 (7), 19.36 (14), 19.55 (2) (cm), 59.43 (1r) and 757.07
of the statutes; relating to: privacy protections for judicial officers, granting rule−making authority, and providing
a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 8.10 (7) of the statutes is created to read:
8.10 (7) (a) Notwithstanding sub. (2) (b) and (c) and
s. 8.21 (4) (b), a candidate for filling the office of a judi-
cial officer, as defined in s. 757.07 (1) (e), who files a cer-
tification of residence with the commission before circu-
lating nomination papers is not required to indicate his or
her residential address on the nomination papers, includ-
ing nomination papers circulated on behalf of the judicial
officer, or on the declaration of candidacy. Notwith-
standing sub. (3) (intro.), a judicial officer, as defined in
s. 757.07 (1) (e), who intends to circulate nomination
papers on behalf of a candidate for filling a nonpartisan
office, or who intends to sign nomination papers to sup-
port such a candidate, is not required to indicate his or her
residential address on the certification of a qualified cir-
culator appended to the nomination papers or on the nom-
ination papers as a signatory. The commission shall pro-
mulgate rules for the administration of this subsection
and prescribe a certification of residence for a candidate
or circulating judicial officer for use under this subsec-
tion.
(b) Certifications of residence submitted to the com-
mission under par. (a) shall be kept confidential unless
the judicial officer consents to disclosure under s. 757.07
(4) (e), except that the commission shall provide such
certifications to the appropriate filing officer for the
office the candidate or judicial officer seeks. Filing offi-
cers shall also keep confidential the certifications
received by the commission unless the judicial officer
consents to disclosure.
SECTION 2. 19.36 (11) of the statutes is amended to
read:
19.36 (11) RECORDS OF AN INDIVIDUAL HOLDING A
LOCAL PUBLIC OFFICE OR A STATE PUBLIC OFFICE. Unless
access is specifically authorized or required by statute, an
authority shall not provide access under s. 19.35 (1) to
records, except to an individual to the extent required
under s. 103.13, containing information maintained, pre-
pared, or provided by an employer concerning the home
address, home electronic mail address, home telephone
number, or social security number of an individual who
holds a local public office or a state public office, unless
the individual authorizes the authority to provide access
to such information. This Except as provided in sub.
(14), this subsection does not apply to the home address
of an individual who holds an elective public office or to
the home address of an individual who, as a condition of
employment, is required to reside in a specified location.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 235 2023 Assembly Bill 966
SECTION 3. 19.36 (14) of the statutes is created to
read:
19.36 (14) PRIVACY PROTECTIONS FOR JUDICIAL OFFI-
CERS. If a judicial officer, as defined in s. 757.07 (1) (e),
submits a written request under s. 757.07 (4), an authority
shall not provide access under s. 19.35 (1) to a certifica-
tion of residence under s. 8.10 (7) or to the personal infor-
mation, as defined in s. 757.07 (1) (g), of a judicial offi-
cer, except as provided under s. 8.10 (7) (b).
SECTION 4. 19.55 (1) of the statutes is amended to
read:
19.55 (1) Except as provided in subs. (2) to (4) and
s. 19.36 (14), all records under ch. 11, this subchapter, or
subch. III of ch. 13 in the possession of the commission
are open to public inspection at all reasonable times. The
commission shall require an individual wishing to exam-
ine a statement of economic interests or the list of persons
who inspect any statements which are in the commis-
sion’s possession to provide his or her full name and
address, and if the individual is representing another per-
son, the full name and address of the person which he or
she represents. Such identification may be provided in
writing or in person. The commission shall record and
retain for at least 3 years information obtained by it pur-
suant to this subsection. No individual may use a ficti-
tious name or address or fail to identify a principal in
making any request for inspection.
SECTION 5. 19.55 (2) (cm) of the statutes is created
to read:
19.55 (2) (cm) If a judicial officer, as defined in s.
757.07 (1) (e), submits a written request under s. 757.07
(4), the personal information, as defined in s. 757.07 (1)
(g), of a judicial officer contained in statements of eco-
nomic interests, reports of economic transactions, and
campaign finance reports that are filed with the commis-
sion by judicial officers or the candidate committees of
judicial officers. The commission shall quarterly review
the electronic campaign finance information system for
the personal information of judicial officers and remove
such information from the system. In addition, before
providing, upon a request, a statement of economic inter-
ests of a judicial officer, the commission shall remove the
personal information of the judicial officer.
SECTION 6. 59.43 (1r) of the statutes is created to
read:
59.43 (1r) PERSONAL INFORMATION OF JUDICIAL OFFI-
CERS. The register of deeds shall shield from disclosure
and keep confidential documents containing information
covered by a written request of a judicial officer under s.
757.07, if the judicial officer specifically identifies the
document number of any document to be shielded under
this subsection. This subsection applies only to elec-
tronic images of documents specifically identified by a
judicial officer as covered by a written request under s.
757.07. The register of deeds may allow access to a docu-
ment subject to protection under this subsection only if
the judicial officer consents to the access or access is oth-
erwise permitted as provided under s. 757.07 (4) (e).
SECTION 7. 757.07 of the statutes is created to read:
757.07 Privacy protections for judicial officers.
(1) DEFINITIONS. In this section:
(a) “Data broker” means a commercial entity that
collects, assembles, or maintains personal information
concerning an individual who is not a customer or an
employee of that entity in order to sell the information or
provide 3rd−party access to the information. “Data bro-
ker” does not include any of the following:
1. A commercial entity using personal information
internally, providing access to businesses under common
ownership or affiliated by corporate control, or selling or
providing data for a transaction or service requested by
or concerning the individual whose personal information
is being transferred.
2. A commercial entity providing publicly available
information through real−time or near real−time alert ser-
vices for health or safety purposes.
3. A commercial entity using information that is
lawfully made available through federal, state, or local
government records, or information that a business has a
reasonable basis to believe is lawfully made available to
the general public through widely distributed media, by
the consumer, or by a person to whom the consumer has
disclosed the information, unless the consumer has
restricted the information to a specific audience.
4. A commercial entity engaged in the collection,
maintenance, disclosure, sale, communication, or use of
any personal information bearing on a consumer’s credit
worthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of
living by a consumer reporting agency, furnisher, or user
that provides information for use in a consumer report,
and by a user of a consumer report, but only to the extent
that such activity is regulated by and authorized under the
federal Fair Credit Reporting Act, 15 USC 1681, et seq.
5. A consumer reporting agency subject to the federal
Fair Credit Reporting Act, 15 USC 1681, et seq.
6. A commercial entity using personal information
collected, processed, sold, or disclosed in compliance
with the federal Driver’s Privacy Protection Act of 1994,
18 USC 2721, et seq.
7. A commercial entity using personal information to
do any of the following:
a. Prevent, detect, protect against, or respond to secu-
rity incidents, identity theft, fraud, harassment, malicious
or deceptive activities, or any illegal activity.
b. Preserve the integrity or security of systems.
c. Investigate, report, or prosecute any person
responsible for an action described under subd. 7. a. or b.
8. A financial institution, affiliate of a financial insti-
tution, or data subject to title V of the federal Gramm−
Leach−Bliley Act, 15 USC 6801, et seq. − 3 − 2023 Wisconsin Act 235 2023 Assembly Bill 966
9. A covered entity for purposes of the federal pri-
vacy regulations promulgated under the federal Health
Insurance Portability and Accountability Act of 1996,
specifically 42 USC 1320d−2 note.
10. A commercial entity engaging in the collection
and sale or licensing of personal information incidental
to conducting the activities described in subds. 1. to 9.
11. Insurance and insurance support organizations.
12. Law enforcement agencies or law enforcement
support organizations and vendors.
(b) “Government agency” includes any association,
authority, board, department, commission, independent
agency, institution, office, society, or other body corpo-
rate and politic in state or local government created or
authorized to be created by the constitution or any law.
(c) “Home address” includes a judicial officer’s per-
manent residence and any secondary residences affirma-
tively identified by the judicial officer. “Home address”
does not include a judicial officer’s work address.
(d) “Immediate family” includes any of the follow-
ing:
1. A judicial officer’s spouse.
2. A minor child of the judicial officer or of the judi-
cial officer’s spouse, including a foster child, or an adult
child of the judicial officer or of the judicial officer’s
spouse whose permanent residence is with the judicial
officer.
3. A parent of the judicial officer or the judicial offi-
cer’s spouse.
4. Any other person who resides at the judicial offi-
cer’s residence.
(e) “Judicial officer” means a person who currently
is or who formerly was any of the following:
1. A supreme court justice.
2. A court of appeals judge.
3. A circuit court judge.
4. A municipal judge.
5. A tribal judge.
6. A temporary or permanent reserve judge.
7. A circuit, supplemental, or municipal court com-
missioner.
(f) “Permanent residence” means the place where a
person’s habitation is fixed, without any present intent to
move, and to which, when absent, the person intends to
return.
(g) “Personal information” means any of the follow-
ing with regard to a judicial officer or any immediate
family member of a judicial officer, but does not include
information regarding employment with a government
agency:
1. A home address.
2. A home or personal mobile telephone number.
3. A personal email address.
4. A social security number, driver’s license number,
federal tax identification number, or state tax identifica-
tion number.
5. Except as required under ch. 11, a bank account or
credit or debit card information.
6. A license plate number or other unique identifiers
of a vehicle owned, leased, or regularly used by a judicial
officer or an immediate family member of a judicial offi-
cer.
7. The identification of children under the age of 18
of a judicial officer or an immediate family member of a
judicial officer.
8. The full date of birth.
9. Marital status.
(h) “Publicly available content” means any written,
printed, or electronic document or record that provides
information or that serves as a document or record main-
tained, controlled, or in the possession of a government
agency that may be obtained by any person or entity, from
the Internet, from the government agency upon request
either free of charge or for a fee, or in response to a public
records request under ch. 19.
(i) “Publicly post or display” means to intentionally
communicate or otherwise make available to the general
public.
(j) “Transfer” means to sell, license, trade, or
exchange for consideration the personal information of a
judicial officer or a judicial officer’s immediate family
member.
(k) “Written request” means written notice signed by
a judicial officer or a representative of the judicial offi-
cer’s employer requesting a government agency, busi-
ness, association, or other person to refrain from publicly
posting or displaying publicly available content that
includes the personal information of the judicial officer
or judicial officer’s immediate family.
(2) PUBLICLY POSTING OR DISPLAYING A JUDICIAL OFFI-
CER’S PERSONAL INFORMATION BY A GOVERNMENT AGENCY.
(a) A government agency may not publicly post or dis-
play publicly available content that includes a judicial
officer’s personal information, provided that the govern-
ment agency has received a written request in accordance
with sub. (4) that it refrain from disclosing the judicial
officer’s personal information. After a government
agency has received a written request, that agency shall
remove the judicial officer’s personal information from
publicly available content within 10 business days. After
the government agency has removed the judicial officer’s
personal information from publicly available content, the
agency may not publicly post or display the information,
and the judicial officer’s personal information shall be
exempt from inspection and copying under s. 19.35
unless the government agency has received consent as
provided under sub. (4) (e) to make the personal informa-
tion available to the public.
(b) Nothing in this subsection prohibits a government
agency from providing access to records containing the
personal information of a judicial officer to a 3rd party if
the 3rd party meets any of the following criteria: − 4 −2023 Wisconsin Act 235 2023 Assembly Bill 966
1. Possesses a signed consent document, as provided
under sub. (4) (e).
2. Is subject to the requirements of 15 USC 6801, et
seq.
3. Executes a confidentiality agreement with the gov-
ernment agency.
(3) DATA BROKERS AND OTHER PERSONS AND BUSI-
NESSES. (a) No data broker may knowingly sell, license,
trade, purchase, or otherwise make available for consid-
eration the personal information of a judicial officer or a
judicial officer’s immediate family, provided that the
judicial officer has made a written request to the data bro-
ker. The data broker shall cease knowingly selling,
licensing, trading, purchasing, or otherwise making
available personal information for consideration pur-
suant to the written request within 10 business days of the
written request.
(b) 1. No person, business, or association may pub-
licly post or display on the Internet publicly available
content that includes the personal information of a judi-
cial officer or the judicial officer’s immediate family,
provided that the judicial officer has made a written
request to the person, business, or association that it
refrain from disclosing or acquiring the personal infor-
mation.
2. Subdivision 1. does not apply to any of the follow-
ing:
a. Personal information that the judicial officer or an
immediate family member of the judicial officer volun-
tarily publishes on the Internet after the effective date of
this subd. 2. a. .... [LRB inserts date].
b. Personal information lawfully received from a
state or federal government source, including from an
employee or agent of the state or federal government.
(c) 1. After a person, business, or association has
received a written request from a judicial officer to pro-
tect the privacy of the personal information of the judicial
officer and the judicial officer’s immediate family, the
person, business, or association shall remove, within 10
business days, the publicly posted or displayed personal
information identified in the request; ensure that the
information is not publicly posted or displayed on any
website or subsidiary website controlled by that person,
business, or association; and identify any other publicly
posted or displayed instances of the identified informa-
tion that should also be removed.
2. After receiving a judicial officer’s written request,
no person, business, or association may transfer the judi-
cial officer’s personal information to any other person,
business, or association through any medium, except as
follows:
a. The person, business, or association may transfer
personal information that the judicial officer or an imme-
diate family member of the judicial officer voluntarily
publishes on the Internet after the effective date of this
subd. 2. a. .... [LRB inserts date].
b. The person, business, or association may transfer
the judicial officer’s personal information at the request
of the judicial officer if the transfer is necessary to effec-
tuate a request to the person, business, or association
from the judicial officer.
(4) PROCEDURE FOR COMPLETING A WRITTEN REQUEST
FOR PROTECTION OF PERSONAL INFORMATION. (a) No gov-
ernment agency, person, data broker, business, or associ-
ation may be found to have violated any provision of this
section if the judicial officer fails to submit a written
request calling for the protection of the personal informa-
tion of the judicial officer or the judicial officer’s imme-
diate family.
(b) 1. A written request under this subsection is valid
if the request meets the requirements of par. (d) and if the
judicial officer does any of the following:
a. Sends the written request directly to a government
agency, person, data broker, business, or association.
b. If the director of state courts has a policy and pro-
cedure for a judicial officer to file the written request with
the director of state court’s office to notify government
agencies, the judicial officer sends the written request to
the director of state courts.
2. In each quarter of a calendar year, the director of
state courts shall provide to the appropriate officer with
ultimate supervisory authority for a government agency
a list of all judicial officers who have submitted a written
request under subd. 1. b. The officer shall promptly pro-
vide a copy of the list to the government agencies under
his or her supervision. Receipt of the written request list
compiled by the director of state courts office by a gov-
ernment agency shall constitute a written request to that
agency for purposes of this subsection.
(c) A representative from the judicial officer’s
employer may submit a written request on the judicial
officer’s behalf, provided that the judicial officer has
given written consent to the representative and provided
that the representative agrees to furnish a copy of that
consent when the written request is made. The represen-
tative shall submit the written request as provided under
par. (b).
(d) A judicial officer’s written request shall be made
on a form prescribed by the director of state courts and
shall specify what personal information shall be main-
tained as private. If a judicial officer wishes to identify
a secondary residence as a home address, the designation
shall be made in the written request. A judicial officer’s
written request shall disclose the identity of the officer’s
immediate family and indicate that the personal informa-
tion of these family members shall also be excluded to the
extent that it could reasonably be expected to reveal per-
sonal information of the judicial officer. Any person
receiving a written request form submitted by or on
behalf of a judicial officer under this paragraph shall treat
the submission as confidential. − 5 − 2023 Wisconsin Act 235 2023 Assembly Bill 966
(e) 1. A judicial officer’s written request is valid for
10 years or until the judicial officer’s death, whichever
occurs first.
2. Notwithstanding a judicial officer’s written
request, a government agency, person, data broker, busi-
ness, or association may release personal information
otherwise subject to the written request under any of the
following circumstances:
a. As required in response to a court order.
b. If a judicial officer or immediate family member
of the judicial officer consents to the release of his or her
own personal information as provided under subd. 3.
c. If the judicial officer provides the government
agency, person, data broker, business, or association with
consent to release the personal information as provided
under subd. 3.
3. A judicial officer or immediate family member of
the judicial officer may consent to release personal infor-
mation otherwise protected by a judicial officer’s written
request if the consent is made in writing on a form pre-
scribed by the director of state courts. An immediate
family member of the judicial officer may only consent
to the release of his or her own personal information.
4. A judicial officer under sub. (1) (e) 1. to 3., or 6.
may designate the director of state courts as the judicial
officer’s agent for purposes of service of process, and if
the director of state courts receives service of process,
notice, or demand required or permitted by law to be
served on a judicial officer who has designated the direc-
tor of state courts as his or her agent for purposes of ser-
vice of process under this subdivision, the director of
state courts shall forward the process, notice, or demand
to the judicial officer’s home address.
(4m) (a) In this subsection, “land records website”
means a public website that allows users to search and
retrieve a real estate property database or geographic
records.
(b) Any provider of a public−facing land records
website shall establish a process for judicial officers and
immediate family members of judicial officers to opt out
from the display and search functions of their names on
the provider’s public−facing land records website.
(5) (a) A judicial officer whose personal information
is made public as a result of a violation of this section may
bring an action seeking injunctive or declaratory relief in
any court of competent jurisdiction. Notwithstanding s.
814.04, if the court grants injunctive or declaratory relief,
the governmental agency, business, association, data bro-
ker, or other person responsible for the violation shall be
required to pay the judicial officer’s costs and reasonable
attorney fees.
(b) Provided that an employee of a government
agency has complied with the conditions set forth in sub.
(2), it is not a violation of this section if an employee of
a government agency publishes personal information, in
good faith, on the website of the government agency in
the ordinary course of carrying out public functions.
(c) It is unlawful for any person to knowingly pub-
licly post or display on the Internet the personal informa-
tion of a judicial officer or of the judicial officer’s imme-
diate family if the person intends the public posting or
display of the personal information to create or increase
a threat to the health and safety of the judicial officer or
the judicial officer’s immediate family and, under the cir-
cumstances, bodily injury or death of the judicial officer
or a member of the judicial officer’s immediate family is
a natural and probable consequence of the posting or dis-
play. A person who violates this paragraph is guilty of a
Class G felony.
(6) This section shall be construed broadly to favor
the protection of the personal information of judicial offi-
cers and the immediate family of judicial officers.
SECTION 8.0Effective date.
(1) This act takes effect on the first day of the 13th
month beginning after publication.