4 | 4 | | 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 |
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5 | 5 | | of the statutes; relating to: privacy protections for judicial officers, granting rule−making authority, and providing |
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6 | 6 | | a penalty. |
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7 | 7 | | The people of the state of Wisconsin, represented in |
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8 | 8 | | senate and assembly, do enact as follows: |
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9 | 9 | | SECTION 1. 8.10 (7) of the statutes is created to read: |
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10 | 10 | | 8.10 (7) (a) Notwithstanding sub. (2) (b) and (c) and |
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11 | 11 | | s. 8.21 (4) (b), a candidate for filling the office of a judi- |
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12 | 12 | | cial officer, as defined in s. 757.07 (1) (e), who files a cer- |
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13 | 13 | | tification of residence with the commission before circu- |
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14 | 14 | | lating nomination papers is not required to indicate his or |
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15 | 15 | | her residential address on the nomination papers, includ- |
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16 | 16 | | ing nomination papers circulated on behalf of the judicial |
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17 | 17 | | officer, or on the declaration of candidacy. Notwith- |
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18 | 18 | | standing sub. (3) (intro.), a judicial officer, as defined in |
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19 | 19 | | s. 757.07 (1) (e), who intends to circulate nomination |
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20 | 20 | | papers on behalf of a candidate for filling a nonpartisan |
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21 | 21 | | office, or who intends to sign nomination papers to sup- |
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22 | 22 | | port such a candidate, is not required to indicate his or her |
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23 | 23 | | residential address on the certification of a qualified cir- |
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24 | 24 | | culator appended to the nomination papers or on the nom- |
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25 | 25 | | ination papers as a signatory. The commission shall pro- |
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26 | 26 | | mulgate rules for the administration of this subsection |
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27 | 27 | | and prescribe a certification of residence for a candidate |
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28 | 28 | | or circulating judicial officer for use under this subsec- |
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29 | 29 | | tion. |
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30 | 30 | | (b) Certifications of residence submitted to the com- |
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31 | 31 | | mission under par. (a) shall be kept confidential unless |
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32 | 32 | | the judicial officer consents to disclosure under s. 757.07 |
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33 | 33 | | (4) (e), except that the commission shall provide such |
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34 | 34 | | certifications to the appropriate filing officer for the |
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35 | 35 | | office the candidate or judicial officer seeks. Filing offi- |
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36 | 36 | | cers shall also keep confidential the certifications |
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37 | 37 | | received by the commission unless the judicial officer |
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38 | 38 | | consents to disclosure. |
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39 | 39 | | SECTION 2. 19.36 (11) of the statutes is amended to |
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40 | 40 | | read: |
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41 | 41 | | 19.36 (11) RECORDS OF AN INDIVIDUAL HOLDING A |
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42 | 42 | | LOCAL PUBLIC OFFICE OR A STATE PUBLIC OFFICE. Unless |
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43 | 43 | | access is specifically authorized or required by statute, an |
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44 | 44 | | authority shall not provide access under s. 19.35 (1) to |
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45 | 45 | | records, except to an individual to the extent required |
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46 | 46 | | under s. 103.13, containing information maintained, pre- |
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47 | 47 | | pared, or provided by an employer concerning the home |
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48 | 48 | | address, home electronic mail address, home telephone |
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49 | 49 | | number, or social security number of an individual who |
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50 | 50 | | holds a local public office or a state public office, unless |
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51 | 51 | | the individual authorizes the authority to provide access |
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52 | 52 | | to such information. This Except as provided in sub. |
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53 | 53 | | (14), this subsection does not apply to the home address |
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54 | 54 | | of an individual who holds an elective public office or to |
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55 | 55 | | the home address of an individual who, as a condition of |
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56 | 56 | | employment, is required to reside in a specified location. |
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57 | 57 | | * 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 |
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59 | 59 | | SECTION 3. 19.36 (14) of the statutes is created to |
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60 | 60 | | read: |
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61 | 61 | | 19.36 (14) PRIVACY PROTECTIONS FOR JUDICIAL OFFI- |
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62 | 62 | | CERS. If a judicial officer, as defined in s. 757.07 (1) (e), |
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63 | 63 | | submits a written request under s. 757.07 (4), an authority |
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64 | 64 | | shall not provide access under s. 19.35 (1) to a certifica- |
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65 | 65 | | tion of residence under s. 8.10 (7) or to the personal infor- |
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66 | 66 | | mation, as defined in s. 757.07 (1) (g), of a judicial offi- |
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67 | 67 | | cer, except as provided under s. 8.10 (7) (b). |
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68 | 68 | | SECTION 4. 19.55 (1) of the statutes is amended to |
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69 | 69 | | read: |
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70 | 70 | | 19.55 (1) Except as provided in subs. (2) to (4) and |
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71 | 71 | | s. 19.36 (14), all records under ch. 11, this subchapter, or |
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72 | 72 | | subch. III of ch. 13 in the possession of the commission |
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73 | 73 | | are open to public inspection at all reasonable times. The |
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74 | 74 | | commission shall require an individual wishing to exam- |
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75 | 75 | | ine a statement of economic interests or the list of persons |
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76 | 76 | | who inspect any statements which are in the commis- |
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77 | 77 | | sion’s possession to provide his or her full name and |
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78 | 78 | | address, and if the individual is representing another per- |
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79 | 79 | | son, the full name and address of the person which he or |
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80 | 80 | | she represents. Such identification may be provided in |
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81 | 81 | | writing or in person. The commission shall record and |
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82 | 82 | | retain for at least 3 years information obtained by it pur- |
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83 | 83 | | suant to this subsection. No individual may use a ficti- |
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84 | 84 | | tious name or address or fail to identify a principal in |
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85 | 85 | | making any request for inspection. |
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86 | 86 | | SECTION 5. 19.55 (2) (cm) of the statutes is created |
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87 | 87 | | to read: |
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88 | 88 | | 19.55 (2) (cm) If a judicial officer, as defined in s. |
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89 | 89 | | 757.07 (1) (e), submits a written request under s. 757.07 |
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90 | 90 | | (4), the personal information, as defined in s. 757.07 (1) |
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91 | 91 | | (g), of a judicial officer contained in statements of eco- |
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92 | 92 | | nomic interests, reports of economic transactions, and |
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93 | 93 | | campaign finance reports that are filed with the commis- |
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94 | 94 | | sion by judicial officers or the candidate committees of |
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95 | 95 | | judicial officers. The commission shall quarterly review |
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96 | 96 | | the electronic campaign finance information system for |
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97 | 97 | | the personal information of judicial officers and remove |
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98 | 98 | | such information from the system. In addition, before |
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99 | 99 | | providing, upon a request, a statement of economic inter- |
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100 | 100 | | ests of a judicial officer, the commission shall remove the |
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101 | 101 | | personal information of the judicial officer. |
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102 | 102 | | SECTION 6. 59.43 (1r) of the statutes is created to |
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103 | 103 | | read: |
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104 | 104 | | 59.43 (1r) PERSONAL INFORMATION OF JUDICIAL OFFI- |
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105 | 105 | | CERS. The register of deeds shall shield from disclosure |
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106 | 106 | | and keep confidential documents containing information |
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107 | 107 | | covered by a written request of a judicial officer under s. |
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108 | 108 | | 757.07, if the judicial officer specifically identifies the |
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109 | 109 | | document number of any document to be shielded under |
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110 | 110 | | this subsection. This subsection applies only to elec- |
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111 | 111 | | tronic images of documents specifically identified by a |
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112 | 112 | | judicial officer as covered by a written request under s. |
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113 | 113 | | 757.07. The register of deeds may allow access to a docu- |
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114 | 114 | | ment subject to protection under this subsection only if |
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115 | 115 | | the judicial officer consents to the access or access is oth- |
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116 | 116 | | erwise permitted as provided under s. 757.07 (4) (e). |
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117 | 117 | | SECTION 7. 757.07 of the statutes is created to read: |
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118 | 118 | | 757.07 Privacy protections for judicial officers. |
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119 | 119 | | (1) DEFINITIONS. In this section: |
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120 | 120 | | (a) “Data broker” means a commercial entity that |
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121 | 121 | | collects, assembles, or maintains personal information |
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122 | 122 | | concerning an individual who is not a customer or an |
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123 | 123 | | employee of that entity in order to sell the information or |
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124 | 124 | | provide 3rd−party access to the information. “Data bro- |
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125 | 125 | | ker” does not include any of the following: |
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126 | 126 | | 1. A commercial entity using personal information |
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127 | 127 | | internally, providing access to businesses under common |
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128 | 128 | | ownership or affiliated by corporate control, or selling or |
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129 | 129 | | providing data for a transaction or service requested by |
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130 | 130 | | or concerning the individual whose personal information |
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131 | 131 | | is being transferred. |
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132 | 132 | | 2. A commercial entity providing publicly available |
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133 | 133 | | information through real−time or near real−time alert ser- |
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134 | 134 | | vices for health or safety purposes. |
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135 | 135 | | 3. A commercial entity using information that is |
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136 | 136 | | lawfully made available through federal, state, or local |
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137 | 137 | | government records, or information that a business has a |
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138 | 138 | | reasonable basis to believe is lawfully made available to |
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139 | 139 | | the general public through widely distributed media, by |
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140 | 140 | | the consumer, or by a person to whom the consumer has |
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141 | 141 | | disclosed the information, unless the consumer has |
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142 | 142 | | restricted the information to a specific audience. |
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143 | 143 | | 4. A commercial entity engaged in the collection, |
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144 | 144 | | maintenance, disclosure, sale, communication, or use of |
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145 | 145 | | any personal information bearing on a consumer’s credit |
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146 | 146 | | worthiness, credit standing, credit capacity, character, |
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147 | 147 | | general reputation, personal characteristics, or mode of |
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148 | 148 | | living by a consumer reporting agency, furnisher, or user |
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149 | 149 | | that provides information for use in a consumer report, |
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150 | 150 | | and by a user of a consumer report, but only to the extent |
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151 | 151 | | that such activity is regulated by and authorized under the |
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152 | 152 | | federal Fair Credit Reporting Act, 15 USC 1681, et seq. |
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153 | 153 | | 5. A consumer reporting agency subject to the federal |
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154 | 154 | | Fair Credit Reporting Act, 15 USC 1681, et seq. |
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155 | 155 | | 6. A commercial entity using personal information |
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156 | 156 | | collected, processed, sold, or disclosed in compliance |
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157 | 157 | | with the federal Driver’s Privacy Protection Act of 1994, |
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158 | 158 | | 18 USC 2721, et seq. |
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159 | 159 | | 7. A commercial entity using personal information to |
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160 | 160 | | do any of the following: |
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161 | 161 | | a. Prevent, detect, protect against, or respond to secu- |
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162 | 162 | | rity incidents, identity theft, fraud, harassment, malicious |
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163 | 163 | | or deceptive activities, or any illegal activity. |
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164 | 164 | | b. Preserve the integrity or security of systems. |
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165 | 165 | | c. Investigate, report, or prosecute any person |
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166 | 166 | | responsible for an action described under subd. 7. a. or b. |
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167 | 167 | | 8. A financial institution, affiliate of a financial insti- |
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168 | 168 | | tution, or data subject to title V of the federal Gramm− |
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170 | 170 | | 9. A covered entity for purposes of the federal pri- |
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171 | 171 | | vacy regulations promulgated under the federal Health |
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172 | 172 | | Insurance Portability and Accountability Act of 1996, |
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173 | 173 | | specifically 42 USC 1320d−2 note. |
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174 | 174 | | 10. A commercial entity engaging in the collection |
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175 | 175 | | and sale or licensing of personal information incidental |
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176 | 176 | | to conducting the activities described in subds. 1. to 9. |
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177 | 177 | | 11. Insurance and insurance support organizations. |
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178 | 178 | | 12. Law enforcement agencies or law enforcement |
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179 | 179 | | support organizations and vendors. |
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180 | 180 | | (b) “Government agency” includes any association, |
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181 | 181 | | authority, board, department, commission, independent |
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182 | 182 | | agency, institution, office, society, or other body corpo- |
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183 | 183 | | rate and politic in state or local government created or |
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184 | 184 | | authorized to be created by the constitution or any law. |
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185 | 185 | | (c) “Home address” includes a judicial officer’s per- |
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186 | 186 | | manent residence and any secondary residences affirma- |
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187 | 187 | | tively identified by the judicial officer. “Home address” |
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188 | 188 | | does not include a judicial officer’s work address. |
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189 | 189 | | (d) “Immediate family” includes any of the follow- |
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190 | 190 | | ing: |
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191 | 191 | | 1. A judicial officer’s spouse. |
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192 | 192 | | 2. A minor child of the judicial officer or of the judi- |
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193 | 193 | | cial officer’s spouse, including a foster child, or an adult |
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194 | 194 | | child of the judicial officer or of the judicial officer’s |
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195 | 195 | | spouse whose permanent residence is with the judicial |
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196 | 196 | | officer. |
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197 | 197 | | 3. A parent of the judicial officer or the judicial offi- |
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198 | 198 | | cer’s spouse. |
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199 | 199 | | 4. Any other person who resides at the judicial offi- |
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200 | 200 | | cer’s residence. |
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201 | 201 | | (e) “Judicial officer” means a person who currently |
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202 | 202 | | is or who formerly was any of the following: |
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203 | 203 | | 1. A supreme court justice. |
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204 | 204 | | 2. A court of appeals judge. |
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205 | 205 | | 3. A circuit court judge. |
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206 | 206 | | 4. A municipal judge. |
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207 | 207 | | 5. A tribal judge. |
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208 | 208 | | 6. A temporary or permanent reserve judge. |
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209 | 209 | | 7. A circuit, supplemental, or municipal court com- |
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210 | 210 | | missioner. |
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211 | 211 | | (f) “Permanent residence” means the place where a |
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212 | 212 | | person’s habitation is fixed, without any present intent to |
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213 | 213 | | move, and to which, when absent, the person intends to |
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214 | 214 | | return. |
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215 | 215 | | (g) “Personal information” means any of the follow- |
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216 | 216 | | ing with regard to a judicial officer or any immediate |
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217 | 217 | | family member of a judicial officer, but does not include |
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218 | 218 | | information regarding employment with a government |
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219 | 219 | | agency: |
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220 | 220 | | 1. A home address. |
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221 | 221 | | 2. A home or personal mobile telephone number. |
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222 | 222 | | 3. A personal email address. |
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223 | 223 | | 4. A social security number, driver’s license number, |
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224 | 224 | | federal tax identification number, or state tax identifica- |
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225 | 225 | | tion number. |
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226 | 226 | | 5. Except as required under ch. 11, a bank account or |
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227 | 227 | | credit or debit card information. |
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228 | 228 | | 6. A license plate number or other unique identifiers |
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229 | 229 | | of a vehicle owned, leased, or regularly used by a judicial |
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230 | 230 | | officer or an immediate family member of a judicial offi- |
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231 | 231 | | cer. |
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232 | 232 | | 7. The identification of children under the age of 18 |
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233 | 233 | | of a judicial officer or an immediate family member of a |
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234 | 234 | | judicial officer. |
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235 | 235 | | 8. The full date of birth. |
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236 | 236 | | 9. Marital status. |
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237 | 237 | | (h) “Publicly available content” means any written, |
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238 | 238 | | printed, or electronic document or record that provides |
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239 | 239 | | information or that serves as a document or record main- |
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240 | 240 | | tained, controlled, or in the possession of a government |
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241 | 241 | | agency that may be obtained by any person or entity, from |
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242 | 242 | | the Internet, from the government agency upon request |
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243 | 243 | | either free of charge or for a fee, or in response to a public |
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244 | 244 | | records request under ch. 19. |
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245 | 245 | | (i) “Publicly post or display” means to intentionally |
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246 | 246 | | communicate or otherwise make available to the general |
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247 | 247 | | public. |
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248 | 248 | | (j) “Transfer” means to sell, license, trade, or |
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249 | 249 | | exchange for consideration the personal information of a |
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250 | 250 | | judicial officer or a judicial officer’s immediate family |
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251 | 251 | | member. |
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252 | 252 | | (k) “Written request” means written notice signed by |
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253 | 253 | | a judicial officer or a representative of the judicial offi- |
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254 | 254 | | cer’s employer requesting a government agency, busi- |
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255 | 255 | | ness, association, or other person to refrain from publicly |
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256 | 256 | | posting or displaying publicly available content that |
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257 | 257 | | includes the personal information of the judicial officer |
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258 | 258 | | or judicial officer’s immediate family. |
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259 | 259 | | (2) PUBLICLY POSTING OR DISPLAYING A JUDICIAL OFFI- |
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260 | 260 | | CER’S PERSONAL INFORMATION BY A GOVERNMENT AGENCY. |
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261 | 261 | | (a) A government agency may not publicly post or dis- |
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262 | 262 | | play publicly available content that includes a judicial |
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263 | 263 | | officer’s personal information, provided that the govern- |
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264 | 264 | | ment agency has received a written request in accordance |
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265 | 265 | | with sub. (4) that it refrain from disclosing the judicial |
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266 | 266 | | officer’s personal information. After a government |
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267 | 267 | | agency has received a written request, that agency shall |
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268 | 268 | | remove the judicial officer’s personal information from |
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269 | 269 | | publicly available content within 10 business days. After |
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270 | 270 | | the government agency has removed the judicial officer’s |
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271 | 271 | | personal information from publicly available content, the |
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272 | 272 | | agency may not publicly post or display the information, |
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273 | 273 | | and the judicial officer’s personal information shall be |
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274 | 274 | | exempt from inspection and copying under s. 19.35 |
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275 | 275 | | unless the government agency has received consent as |
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276 | 276 | | provided under sub. (4) (e) to make the personal informa- |
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277 | 277 | | tion available to the public. |
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278 | 278 | | (b) Nothing in this subsection prohibits a government |
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279 | 279 | | agency from providing access to records containing the |
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280 | 280 | | personal information of a judicial officer to a 3rd party if |
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282 | 282 | | 1. Possesses a signed consent document, as provided |
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283 | 283 | | under sub. (4) (e). |
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284 | 284 | | 2. Is subject to the requirements of 15 USC 6801, et |
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285 | 285 | | seq. |
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286 | 286 | | 3. Executes a confidentiality agreement with the gov- |
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287 | 287 | | ernment agency. |
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288 | 288 | | (3) DATA BROKERS AND OTHER PERSONS AND BUSI- |
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289 | 289 | | NESSES. (a) No data broker may knowingly sell, license, |
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290 | 290 | | trade, purchase, or otherwise make available for consid- |
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291 | 291 | | eration the personal information of a judicial officer or a |
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292 | 292 | | judicial officer’s immediate family, provided that the |
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293 | 293 | | judicial officer has made a written request to the data bro- |
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294 | 294 | | ker. The data broker shall cease knowingly selling, |
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295 | 295 | | licensing, trading, purchasing, or otherwise making |
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296 | 296 | | available personal information for consideration pur- |
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297 | 297 | | suant to the written request within 10 business days of the |
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298 | 298 | | written request. |
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299 | 299 | | (b) 1. No person, business, or association may pub- |
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300 | 300 | | licly post or display on the Internet publicly available |
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301 | 301 | | content that includes the personal information of a judi- |
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302 | 302 | | cial officer or the judicial officer’s immediate family, |
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303 | 303 | | provided that the judicial officer has made a written |
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304 | 304 | | request to the person, business, or association that it |
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305 | 305 | | refrain from disclosing or acquiring the personal infor- |
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306 | 306 | | mation. |
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307 | 307 | | 2. Subdivision 1. does not apply to any of the follow- |
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308 | 308 | | ing: |
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309 | 309 | | a. Personal information that the judicial officer or an |
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310 | 310 | | immediate family member of the judicial officer volun- |
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311 | 311 | | tarily publishes on the Internet after the effective date of |
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312 | 312 | | this subd. 2. a. .... [LRB inserts date]. |
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313 | 313 | | b. Personal information lawfully received from a |
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314 | 314 | | state or federal government source, including from an |
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315 | 315 | | employee or agent of the state or federal government. |
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316 | 316 | | (c) 1. After a person, business, or association has |
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317 | 317 | | received a written request from a judicial officer to pro- |
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318 | 318 | | tect the privacy of the personal information of the judicial |
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319 | 319 | | officer and the judicial officer’s immediate family, the |
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320 | 320 | | person, business, or association shall remove, within 10 |
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321 | 321 | | business days, the publicly posted or displayed personal |
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322 | 322 | | information identified in the request; ensure that the |
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323 | 323 | | information is not publicly posted or displayed on any |
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324 | 324 | | website or subsidiary website controlled by that person, |
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325 | 325 | | business, or association; and identify any other publicly |
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326 | 326 | | posted or displayed instances of the identified informa- |
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327 | 327 | | tion that should also be removed. |
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328 | 328 | | 2. After receiving a judicial officer’s written request, |
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329 | 329 | | no person, business, or association may transfer the judi- |
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330 | 330 | | cial officer’s personal information to any other person, |
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331 | 331 | | business, or association through any medium, except as |
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332 | 332 | | follows: |
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333 | 333 | | a. The person, business, or association may transfer |
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334 | 334 | | personal information that the judicial officer or an imme- |
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335 | 335 | | diate family member of the judicial officer voluntarily |
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336 | 336 | | publishes on the Internet after the effective date of this |
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337 | 337 | | subd. 2. a. .... [LRB inserts date]. |
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338 | 338 | | b. The person, business, or association may transfer |
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339 | 339 | | the judicial officer’s personal information at the request |
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340 | 340 | | of the judicial officer if the transfer is necessary to effec- |
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341 | 341 | | tuate a request to the person, business, or association |
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342 | 342 | | from the judicial officer. |
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343 | 343 | | (4) PROCEDURE FOR COMPLETING A WRITTEN REQUEST |
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344 | 344 | | FOR PROTECTION OF PERSONAL INFORMATION. (a) No gov- |
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345 | 345 | | ernment agency, person, data broker, business, or associ- |
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346 | 346 | | ation may be found to have violated any provision of this |
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347 | 347 | | section if the judicial officer fails to submit a written |
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348 | 348 | | request calling for the protection of the personal informa- |
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349 | 349 | | tion of the judicial officer or the judicial officer’s imme- |
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350 | 350 | | diate family. |
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351 | 351 | | (b) 1. A written request under this subsection is valid |
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352 | 352 | | if the request meets the requirements of par. (d) and if the |
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353 | 353 | | judicial officer does any of the following: |
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354 | 354 | | a. Sends the written request directly to a government |
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355 | 355 | | agency, person, data broker, business, or association. |
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356 | 356 | | b. If the director of state courts has a policy and pro- |
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357 | 357 | | cedure for a judicial officer to file the written request with |
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358 | 358 | | the director of state court’s office to notify government |
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359 | 359 | | agencies, the judicial officer sends the written request to |
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360 | 360 | | the director of state courts. |
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361 | 361 | | 2. In each quarter of a calendar year, the director of |
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362 | 362 | | state courts shall provide to the appropriate officer with |
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363 | 363 | | ultimate supervisory authority for a government agency |
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364 | 364 | | a list of all judicial officers who have submitted a written |
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365 | 365 | | request under subd. 1. b. The officer shall promptly pro- |
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366 | 366 | | vide a copy of the list to the government agencies under |
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367 | 367 | | his or her supervision. Receipt of the written request list |
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368 | 368 | | compiled by the director of state courts office by a gov- |
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369 | 369 | | ernment agency shall constitute a written request to that |
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370 | 370 | | agency for purposes of this subsection. |
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371 | 371 | | (c) A representative from the judicial officer’s |
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372 | 372 | | employer may submit a written request on the judicial |
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373 | 373 | | officer’s behalf, provided that the judicial officer has |
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374 | 374 | | given written consent to the representative and provided |
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375 | 375 | | that the representative agrees to furnish a copy of that |
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376 | 376 | | consent when the written request is made. The represen- |
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377 | 377 | | tative shall submit the written request as provided under |
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378 | 378 | | par. (b). |
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379 | 379 | | (d) A judicial officer’s written request shall be made |
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380 | 380 | | on a form prescribed by the director of state courts and |
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381 | 381 | | shall specify what personal information shall be main- |
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382 | 382 | | tained as private. If a judicial officer wishes to identify |
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383 | 383 | | a secondary residence as a home address, the designation |
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384 | 384 | | shall be made in the written request. A judicial officer’s |
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385 | 385 | | written request shall disclose the identity of the officer’s |
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386 | 386 | | immediate family and indicate that the personal informa- |
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387 | 387 | | tion of these family members shall also be excluded to the |
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388 | 388 | | extent that it could reasonably be expected to reveal per- |
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389 | 389 | | sonal information of the judicial officer. Any person |
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390 | 390 | | receiving a written request form submitted by or on |
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391 | 391 | | behalf of a judicial officer under this paragraph shall treat |
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393 | 393 | | (e) 1. A judicial officer’s written request is valid for |
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394 | 394 | | 10 years or until the judicial officer’s death, whichever |
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395 | 395 | | occurs first. |
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396 | 396 | | 2. Notwithstanding a judicial officer’s written |
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397 | 397 | | request, a government agency, person, data broker, busi- |
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398 | 398 | | ness, or association may release personal information |
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399 | 399 | | otherwise subject to the written request under any of the |
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400 | 400 | | following circumstances: |
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401 | 401 | | a. As required in response to a court order. |
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402 | 402 | | b. If a judicial officer or immediate family member |
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403 | 403 | | of the judicial officer consents to the release of his or her |
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404 | 404 | | own personal information as provided under subd. 3. |
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405 | 405 | | c. If the judicial officer provides the government |
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406 | 406 | | agency, person, data broker, business, or association with |
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407 | 407 | | consent to release the personal information as provided |
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408 | 408 | | under subd. 3. |
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409 | 409 | | 3. A judicial officer or immediate family member of |
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410 | 410 | | the judicial officer may consent to release personal infor- |
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411 | 411 | | mation otherwise protected by a judicial officer’s written |
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412 | 412 | | request if the consent is made in writing on a form pre- |
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413 | 413 | | scribed by the director of state courts. An immediate |
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414 | 414 | | family member of the judicial officer may only consent |
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415 | 415 | | to the release of his or her own personal information. |
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416 | 416 | | 4. A judicial officer under sub. (1) (e) 1. to 3., or 6. |
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417 | 417 | | may designate the director of state courts as the judicial |
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418 | 418 | | officer’s agent for purposes of service of process, and if |
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419 | 419 | | the director of state courts receives service of process, |
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420 | 420 | | notice, or demand required or permitted by law to be |
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421 | 421 | | served on a judicial officer who has designated the direc- |
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422 | 422 | | tor of state courts as his or her agent for purposes of ser- |
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423 | 423 | | vice of process under this subdivision, the director of |
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424 | 424 | | state courts shall forward the process, notice, or demand |
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425 | 425 | | to the judicial officer’s home address. |
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426 | 426 | | (4m) (a) In this subsection, “land records website” |
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427 | 427 | | means a public website that allows users to search and |
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428 | 428 | | retrieve a real estate property database or geographic |
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429 | 429 | | records. |
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430 | 430 | | (b) Any provider of a public−facing land records |
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431 | 431 | | website shall establish a process for judicial officers and |
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432 | 432 | | immediate family members of judicial officers to opt out |
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433 | 433 | | from the display and search functions of their names on |
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434 | 434 | | the provider’s public−facing land records website. |
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435 | 435 | | (5) (a) A judicial officer whose personal information |
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436 | 436 | | is made public as a result of a violation of this section may |
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437 | 437 | | bring an action seeking injunctive or declaratory relief in |
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438 | 438 | | any court of competent jurisdiction. Notwithstanding s. |
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439 | 439 | | 814.04, if the court grants injunctive or declaratory relief, |
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440 | 440 | | the governmental agency, business, association, data bro- |
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441 | 441 | | ker, or other person responsible for the violation shall be |
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442 | 442 | | required to pay the judicial officer’s costs and reasonable |
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443 | 443 | | attorney fees. |
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444 | 444 | | (b) Provided that an employee of a government |
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445 | 445 | | agency has complied with the conditions set forth in sub. |
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446 | 446 | | (2), it is not a violation of this section if an employee of |
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447 | 447 | | a government agency publishes personal information, in |
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448 | 448 | | good faith, on the website of the government agency in |
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449 | 449 | | the ordinary course of carrying out public functions. |
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450 | 450 | | (c) It is unlawful for any person to knowingly pub- |
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451 | 451 | | licly post or display on the Internet the personal informa- |
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452 | 452 | | tion of a judicial officer or of the judicial officer’s imme- |
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453 | 453 | | diate family if the person intends the public posting or |
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454 | 454 | | display of the personal information to create or increase |
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455 | 455 | | a threat to the health and safety of the judicial officer or |
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456 | 456 | | the judicial officer’s immediate family and, under the cir- |
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457 | 457 | | cumstances, bodily injury or death of the judicial officer |
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458 | 458 | | or a member of the judicial officer’s immediate family is |
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459 | 459 | | a natural and probable consequence of the posting or dis- |
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460 | 460 | | play. A person who violates this paragraph is guilty of a |
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461 | 461 | | Class G felony. |
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462 | 462 | | (6) This section shall be construed broadly to favor |
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463 | 463 | | the protection of the personal information of judicial offi- |
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464 | 464 | | cers and the immediate family of judicial officers. |
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465 | 465 | | SECTION 8.0Effective date. |
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466 | 466 | | (1) This act takes effect on the first day of the 13th |
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467 | 467 | | month beginning after publication. |
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