Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: David Moore, Principal Attorney April 26, 2024
2023 Wisconsin Act 223
[2023 Senate Bill 119]
Public Records Identifying
Confidential Law Enforcement
Informants
State law requires a law enforcement agency that receives a public records request for a record that
contains specific information that, if disclosed, would identify a law enforcement informant, to delete
the portion of the record in which the information is contained. If no portion of the record can be
inspected or copied without identifying the informant, the law enforcement agency must withhold the
record unless the custodian of the record makes a determination that the public interest in allowing a
person to inspect, copy, or receive a copy of the identifying information outweighs the harm done to the
public interest by providing access.
2023 Wisconsin Act 223 removes the language that limits the obligation described above to a law
enforcement agency. Under the act, any authority that receives a public records request for a record that
contains specific information that, if disclosed, would identify a law enforcement informant, must either
redact or withhold the record.
Effective date: March 29, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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