Wisconsin Legislature: SB927-SSA2,6,12

SB927-SSA2,1,4 1An Act to amend 19.36 (11) and 19.55 (1); and to create 8.10 (7), 19.36 (14),
219.55 (2) (cm), 59.43 (1r) and 757.07 of the statutes; relating to: privacy
3protections for judicial officers, granting rule-making authority, and providing
4a penalty.

Analysis by the Legislative Reference Bureau

This bill establishes privacy protections for judicial officers and a procedure for
a judicial officer to complete a written request for protection of the personal
information of the judicial officer and the judicial officer's immediate family.

Under the bill, a government agency may not publicly post or display publicly
available content that includes a judicial officer's personal information, provided
that the government agency has received a written request from the officer that the
agency refrain from disclosing the personal information. Upon receipt of the written
request, the agency must remove the personal information within 10 business days
and may not publicly post or display the information. The personal information is
also exempt from public records requests unless the agency has received consent to
make the information available to the public.

The bill also provides that, upon receipt of a written request for privacy
protections from a judicial officer, all persons, businesses, and associations must
refrain from publicly posting or displaying on the Internet publicly available content

that includes the personal information of the judicial officer or the judicial officer's
immediate family. The prohibition does not apply to personal information that the
judicial officer or an immediate family member of the judicial officer voluntarily
publishes on the Internet after the bill goes into effect or personal information
lawfully received from a state or federal government source, including from an
employee or agent of the state or federal government.

After a person, business, or association has received a written request from a
judicial officer, the person, business, or association must 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 information that
should be removed. Under the bill, once a written request is received, no person,
business, or association may transfer the judicial officer's personal information to
any other person, business, or association through any medium, except for personal
information that the judicial officer or an immediate family member of the judicial
officer voluntarily publishes on the Internet after the bill goes into effect, or if a
transfer is made at the request of the judicial officer or is necessary to effectuate a
request to the person, business, or association from the judicial officer.

The bill also expressly prohibits a data broker, as defined in the bill, from
knowingly selling, licensing, trading, purchasing, or otherwise making available for
consideration 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 broker. Under the bill, the data broker must cease knowingly selling, licensing,
trading, purchasing, or otherwise making available personal information for
consideration pursuant to the written request within 10 business days of the written
request.

The bill requires the register of deeds to shield from disclosure and keep
confidential certain documents covered by a judicial officer's written request for
protection of personal information, if the documents to be protected are specifically
identified by the judicial officer. The bill also requires that any provider of a
public-facing land records website must 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 websites.

Under the bill, certain judicial officers may designate the director of state
courts as the judicial officer's agent for purposes of service of process. 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 director of state courts
as his or her agent, the director of state courts must forward the process, notice, or
demand to the judicial officer's home address.

The bill also provides that a candidate for a judicial office may, instead of having
his or her name and residential address listed on nomination papers, file a
certification of residence with the Elections Commission before circulating
nomination papers. A judicial officer circulating nomination papers on behalf of a
candidate for a nonpartisan office, or signing nomination papers supporting a

candidate for a nonpartisan office, may similarly file a certification of residence with
the Elections Commission before circulating or signing nomination papers. The bill
requires the commission, by rule, to verify the address provided in the certification
of residence. Under current law, generally, a candidate for a state or local elective
office must file nomination papers with the commission or, for a local office, with the
appropriate municipal clerk. The top of each nomination paper must list the
candidate's full name, including any nickname or former surname, and his or her
residential street address. Under current law, a person circulating nomination
papers on behalf of a candidate for a judicial office must also provide a certification
at the bottom of each nomination paper stating his or her residential street address.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

SB927-SSA2,1 1Section 1 . 8.10 (7) of the statutes is created to read:

SB927-SSA2,3,142 8.10 (7) (a) Notwithstanding sub. (2) (b) and (c) and s. 8.21 (4) (b), a candidate
3for filling the office of a judicial officer, as defined in s. 757.07 (1) (e), who files a
4certification of residence with the commission before circulating nomination papers
5is not required to indicate his or her residential address on the nomination papers,
6including nomination papers circulated on behalf of the judicial officer, or on the
7declaration of candidacy. Notwithstanding sub. (3) (intro.), a judicial officer, as
8defined in s. 757.07 (1) (e), who intends to circulate nomination papers on behalf of
9a candidate for filling a nonpartisan office, or who intends to sign nomination papers
10to support such a candidate, is not required to indicate his or her residential address
11on the certification of a qualified circulator appended to the nomination papers or on
12the nomination papers as a signatory. The commission shall promulgate rules for the
13administration of this subsection and prescribe a certification of residence for a
14candidate or circulating judicial officer for use under this subsection.

SB927-SSA2,4,315 (b) Certifications of residence submitted to the commission under par. (a) shall
16be kept confidential unless the judicial officer consents to disclosure under s. 757.07
17(4) (e), except that the commission shall provide such certifications to the appropriate

1filing officer for the office the candidate or judicial officer seeks. Filing officers shall
2also keep confidential the certifications received by the commission unless the
3judicial officer consents to disclosure.

SB927-SSA2,2 4Section 2. 19.36 (11) of the statutes is amended to read:

SB927-SSA2,4,165 19.36 (11) Records of an individual holding a local public office or a state
6public office. Unless access is specifically authorized or required by statute, an
7authority shall not provide access under s. 19.35 (1) to records, except to an
8individual to the extent required under s. 103.13, containing information
9maintained, prepared, or provided by an employer concerning the home address,
10home electronic mail address, home telephone number, or social security number of
11an individual who holds a local public office or a state public office, unless the
12individual authorizes the authority to provide access to such information. This
13Except as provided in sub. (14), this subsection does not apply to the home address
14of an individual who holds an elective public office or to the home address of an
15individual who, as a condition of employment, is required to reside in a specified
16location.

SB927-SSA2,3 17Section 3. 19.36 (14) of the statutes is created to read:

SB927-SSA2,4,2218 19.36 (14) Privacy protections for judicial officers. If a judicial officer, as
19defined in s. 757.07 (1) (e), submits a written request under s. 757.07 (4), an authority
20shall not provide access under s. 19.35 (1) to a certification of residence under s. 8.10
21(7) or to the personal information, as defined in s. 757.07 (1) (g), of a judicial officer,
22except as provided under s. 8.10 (7) (b).

SB927-SSA2,4 23Section 4. 19.55 (1) of the statutes is amended to read:

SB927-SSA2,5,924 19.55 (1) Except as provided in s. 19.36 (14) and subs. (2) to (4), all records
25under ch. 11, this subchapter, or subch. III of ch. 13 in the possession of the

1commission are open to public inspection at all reasonable times. The commission
2shall require an individual wishing to examine a statement of economic interests or
3the list of persons who inspect any statements which are in the commission's
4possession to provide his or her full name and address, and if the individual is
5representing another person, the full name and address of the person which he or she
6represents. Such identification may be provided in writing or in person. The
7commission shall record and retain for at least 3 years information obtained by it
8pursuant to this subsection. No individual may use a fictitious name or address or
9fail to identify a principal in making any request for inspection.

SB927-SSA2,5 10Section 5 . 19.55 (2) (cm) of the statutes is created to read:

SB927-SSA2,5,2011 19.55 (2) (cm) If a judicial officer, as defined in s. 757.07 (1) (e), submits a
12written request under s. 757.07 (4), the personal information, as defined in s. 757.07
13(1) (g), of a judicial officer contained in statements of economic interests, reports of
14economic transactions, and campaign finance reports that are filed with the
15commission by judicial officers or the candidate committees of judicial officers. The
16commission shall quarterly review the electronic campaign finance information
17system for the personal information of judicial officers and remove such information
18from the system. In addition, before providing, upon a request, a statement of
19economic interests of a judicial officer, the commission shall remove the personal
20information of the judicial officer.

SB927-SSA2,6 21Section 6. 59.43 (1r) of the statutes is created to read:

SB927-SSA2,6,522 59.43 (1r) Personal information of judicial officers. The register of deeds
23shall shield from disclosure and keep confidential documents containing information
24covered by a written request of a judicial officer under s. 757.07, if the judicial officer
25specifically identifies the document number of any document to be shielded under

1this subsection. This subsection applies only to electronic images of documents
2specifically identified by a judicial officer as covered by a written request under s.
3757.07. The register of deeds may allow access to a document subject to protection
4under this subsection only if the judicial officer consents to the access or access is
5otherwise permitted as provided under s. 757.07 (4) (e).

SB927-SSA2,7 6Section 7. 757.07 of the statutes is created to read:

SB927-SSA2,6,8 7757.07 Privacy protections for judicial officers. (1) Definitions. In this
8section:

SB927-SSA2,6,129 (a) “Data broker” means a commercial entity that collects, assembles, or
10maintains personal information concerning an individual who is not a customer or
11an employee of that entity in order to sell the information or provide 3rd-party access
12to the information. “Data broker” does not include any of the following:

SB927-SSA2,6,1613 1. A commercial entity using personal information internally, providing access
14to businesses under common ownership or affiliated by corporate control, or selling
15or providing data for a transaction or service requested by or concerning the
16individual whose personal information is being transferred.

SB927-SSA2,6,1817 2. A commercial entity providing publicly available information through
18real-time or near real-time alert services for health or safety purposes.

SB927-SSA2,6,2419 3. A commercial entity using information that is lawfully made available
20through federal, state, or local government records, or information that a business
21has a reasonable basis to believe is lawfully made available to the general public
22through widely distributed media, by the consumer, or by a person to whom the
23consumer has disclosed the information, unless the consumer has restricted the
24information to a specific audience.

SB927-SSA2,7,7

14. A commercial entity engaged in the collection, maintenance, disclosure, sale,
2communication, or use of any personal information bearing on a consumer's credit
3worthiness, credit standing, credit capacity, character, general reputation, personal
4characteristics, or mode of living by a consumer reporting agency, furnisher, or user
5that provides information for use in a consumer report, and by a user of a consumer
6report, but only to the extent that such activity is regulated by and authorized under
7the federal Fair Credit Reporting Act, 15 USC 1681, et seq.

SB927-SSA2,7,98 5. A consumer reporting agency subject to the federal Fair Credit Reporting
9Act, 15 USC 1681, et seq.

SB927-SSA2,7,1210 6. A commercial entity using personal information collected, processed, sold,
11or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994,
1218 USC 2721, et seq.

SB927-SSA2,7,1313 7. A commercial entity using personal information to do any of the following:

SB927-SSA2,7,1514 a. Prevent, detect, protect against, or respond to security incidents, identity
15theft, fraud, harassment, malicious or deceptive activities, or any illegal activity.

SB927-SSA2,7,1616 b. Preserve the integrity or security of systems.

SB927-SSA2,7,1817 c. Investigate, report, or prosecute any person responsible for an action
18described under subd. 7. a. or b.

SB927-SSA2,7,2019 8. A financial institution, affiliate of a financial institution, or data subject to
20title V of the federal Gramm-Leach-Bliley Act, 15 USC 6801, et seq.

SB927-SSA2,7,2321 9. A covered entity for purposes of the federal privacy regulations promulgated
22under the federal Health Insurance Portability and Accountability Act of 1996,
23specifically 42 USC 1320d-2 note.

SB927-SSA2,8,3

110. A commercial entity engaging in the collection and sale or licensing of
2personal information incidental to conducting the activities described in subds. 1. to
39.

SB927-SSA2,8,44 11. Insurance and insurance support organizations.

SB927-SSA2,8,65 12. Law enforcement agencies or law enforcement support organizations and
6vendors.

SB927-SSA2,8,107 (b) “Government agency” includes any association, authority, board,
8department, commission, independent agency, institution, office, society, or other
9body corporate and politic in state or local government created or authorized to be
10created by the constitution or any law.

SB927-SSA2,8,1311 (c) “Home address” includes a judicial officer's permanent residence and any
12secondary residences affirmatively identified by the judicial officer. “ Home address”
13does not include a judicial officer's work address.

SB927-SSA2,8,1414 (d) “Immediate family” includes any of the following:

SB927-SSA2,8,1515 1. A judicial officer's spouse.

SB927-SSA2,8,1816 2. A minor child of the judicial officer or of the judicial officer's spouse, including
17a foster child, or an adult child of the judicial officer or of the judicial officer's spouse
18whose permanent residence is with the judicial officer.

SB927-SSA2,8,1919 3. A parent of the judicial officer or the judicial officer's spouse.

SB927-SSA2,8,2020 4. Any other person who resides at the judicial officer's residence.

SB927-SSA2,8,2221 (e) “Judicial officer” means a person who currently is or who formerly was any
22of the following:

SB927-SSA2,8,2323 1. A supreme court justice.

SB927-SSA2,8,2424 2. A court of appeals judge.

SB927-SSA2,8,2525 3. A circuit court judge.

SB927-SSA2,9,1

14. A municipal judge.

SB927-SSA2,9,22 5. A tribal judge.

SB927-SSA2,9,33 6. A temporary or permanent reserve judge.

SB927-SSA2,9,44 7. A circuit, supplemental, or municipal court commissioner.

SB927-SSA2,9,75 (f) “Permanent residence” means the place where a person's habitation is fixed,
6without any present intent to move, and to which, when absent, the person intends
7to return.

SB927-SSA2,9,108 (g) “Personal information” means any of the following with regard to a judicial
9officer or any immediate family member of a judicial officer, but does not include
10information regarding employment with a government agency:

SB927-SSA2,9,1111 1. A home address.

SB927-SSA2,9,1212 2. A home or personal mobile telephone number.

SB927-SSA2,9,1313 3. A personal email address.

SB927-SSA2,9,1514 4. A social security number, driver's license number, federal tax identification
15number, or state tax identification number.

SB927-SSA2,9,1716 5. Except as required under ch. 11, a bank account or credit or debit card
17information.

SB927-SSA2,9,2018 6. A license plate number or other unique identifiers of a vehicle owned, leased,
19or regularly used by a judicial officer or an immediate family member of a judicial
20officer.

SB927-SSA2,9,2221 7. The identification of children under the age of 18 of a judicial officer or an
22immediate family member of a judicial officer.

SB927-SSA2,9,2323 8. The full date of birth.

SB927-SSA2,9,2424 9. Marital status.

SB927-SSA2,10,6

1(h) “Publicly available content” means any written, printed, or electronic
2document or record that provides information or that serves as a document or record
3maintained, controlled, or in the possession of a government agency that may be
4obtained by any person or entity, from the Internet, from the government agency
5upon request either free of charge or for a fee, or in response to a public records
6request under ch. 19.

SB927-SSA2,10,87 (i) “Publicly post or display” means to intentionally communicate or otherwise
8make available to the general public.

SB927-SSA2,10,119 (j) “Transfer” means to sell, license, trade, or exchange for consideration the
10personal information of a judicial officer or a judicial officer's immediate family
11member.

SB927-SSA2,10,1612 (k) “Written request” means written notice signed by a judicial officer or a
13representative of the judicial officer's employer requesting a government agency,
14business, association, or other person to refrain from publicly posting or displaying
15publicly available content that includes the personal information of the judicial
16officer or judicial officer's immediate family.

SB927-SSA2,11,4 17(2) Publicly posting or displaying a judicial officer's personal information
18by a government agency. (a) A government agency may not publicly post or display
19publicly available content that includes a judicial officer's personal information,
20provided that the government agency has received a written request in accordance
21with sub. (4) that it refrain from disclosing the judicial officer's personal information.
22After a government agency has received a written request, that agency shall remove
23the judicial officer's personal information from publicly available content within 10
24business days. After the government agency has removed the judicial officer's
25personal information from publicly available content, the agency may not publicly

1post or display the information, and the judicial officer's personal information shall
2be exempt from inspection and copying under s. 19.35 unless the government agency
3has received consent as provided under sub. (4) (e) to make the personal information
4available to the public.

SB927-SSA2,11,75 (b) Nothing in this subsection prohibits a government agency from providing
6access to records containing the personal information of a judicial officer to a 3rd
7party if the 3rd party meets any of the following criteria:

SB927-SSA2,11,88 1. Possesses a signed consent document, as provided under sub. (4) (e).

SB927-SSA2,11,992. Is subject to the requirements of 15 USC 6801, et seq.

SB927-SSA2,11,1010 3. Executes a confidentiality agreement with the government agency.

SB927-SSA2,11,17 11(3) Data brokers and other persons and businesses. (a) No data broker may
12knowingly sell, license, trade, purchase, or otherwise make available for
13consideration the personal information of a judicial officer or a judicial officer's
14immediate family, provided that the judicial officer has made a written request to the
15data broker. The data broker shall cease knowingly selling, licensing, trading,
16purchasing, or otherwise making available personal information for consideration
17pursuant to the written request within 10 business days of the written request.

SB927-SSA2,11,2218 (b) 1. No person, business, or association may publicly post or display on the
19Internet publicly available content that includes the personal information of a
20judicial officer or the judicial officer's immediate family, provided that the judicial
21officer has made a written request to the person, business, or association that it
22refrain from disclosing or acquiring the personal information.

SB927-SSA2,11,2323 2. Subdivision 1. does not apply to any of the following:

SB927-SSA2,12,3

1a. Personal information that the judicial officer or an immediate family
2member of the judicial officer voluntarily publishes on the Internet after the effective
3date of this subd. 2. a. .... [LRB inserts date].

SB927-SSA2,12,54 b. Personal information lawfully received from a state or federal government
5source, including from an employee or agent of the state or federal government.

SB927-SSA2,12,136 (c) 1. After a person, business, or association has received a written request
7from a judicial officer to protect the privacy of the personal information of the judicial
8officer and the judicial officer's immediate family, the person, business, or
9association shall remove, within 10 business days, the publicly posted or displayed
10personal information identified in the request; ensure that the information is not
11publicly posted or displayed on any website or subsidiary website controlled by that
12person, business, or association; and identify any other publicly posted or displayed
13instances of the identified information that should also be removed.

SB927-SSA2,12,1614 2. After receiving a judicial officer's written request, no person, business, or
15association may transfer the judicial officer's personal information to any other
16person, business, or association through any medium, except as follows:

SB927-SSA2,12,2017 a. The person, business, or association may transfer personal information that
18the judicial officer or an immediate family member of the judicial officer voluntarily
19publishes on the Internet after the effective date of this subd. 2. a. .... [LRB inserts
20date].

SB927-SSA2,12,2321 b. The person, business, or association may transfer the judicial officer's
22personal information at the request of the judicial officer if the transfer is necessary
23to effectuate a request to the person, business, or association from the judicial officer.