Wisconsin Senate Bill SB642

Wisconsin 2023-2024 Regular Session

• Introduced: 11/7/23
• Refer: 11/7/23
• Report Pass: 2/15/24
• Failed: 4/15/24

Caption

Consumer data protection and providing a penalty. (FE)

Impact

The bill's enactment will significantly impact state laws by defining the obligations of data controllers and providing a structured process for consumers to exercise their rights. The bill emphasizes that controllers must respond to consumer requests without undue delay, specifically requiring action within 45 days. Additionally, it introduces penalties for non-compliance, allowing for fines of up to $7,500 per violation, which the attorney general is empowered to enforce exclusively. This creates a centralized regulatory framework for data protection across the state, superseding any local regulations on personal data.

Summary

Senate Bill 642 establishes a comprehensive framework for consumer data protection in Wisconsin. The bill mandates that entities controlling or processing consumer data must adhere to specific guidelines aimed at ensuring consumer privacy while providing them with certain rights regarding their data. These rights include the ability to confirm whether their data is being processed, correct inaccuracies, request deletion, obtain copies of their data, and opt-out of certain forms of data processing.

Contention

Key points of contention surrounding SB 642 include concerns regarding the preemption of local ordinances regulating personal data collection and processing. By preventing municipalities from enacting their own rules in this domain, critics argue that the bill could limit local governments' ability to address specific community needs related to data privacy. Supporters, however, argue that a uniform statewide standard is necessary to avoid a fragmented regulatory environment that could complicate compliance for businesses.