LRB-3713/1
KSH:mfd:km
1997 - 1998 LEGISLATURE
September 30, 1997 - Introduced by Representatives Schneider, Notestein,
Gronemus, Musser, L. Young, Sykora, Boyle, La Fave, R. Young, F. Lasee,
Skindrud, Hasenohrl, R. Potter, Kreuser, Otte and Kaufert, cosponsored by
Senator Roessler. Referred to Committee on Mandates.
AB546,1,2
1An Act to create 895.505 of the statutes;
relating to: disposal of documents
2containing personal information.
Analysis by the Legislative Reference Bureau
This bill prohibits businesses from disposing of records containing certain
personal information unless certain requirements are met. A business may dispose
of records containing personal information if, prior to the disposal of the record, the
business shreds, erases or otherwise modifies the record to make the personal
information unreadable. Alternatively, a business may dispose of records containing
personal information if the business takes actions that it reasonably believes will
ensure that no unauthorized person will have access to the records for the period of
time between the records' disposal and the records' destruction. The bill defines
"record" to include any material on which written, drawn, printed, spoken, visual or
electromagnetic information is recorded or preserved, regardless of its physical form.
It defines "personal information" to mean information about an individual's medical
or financial condition that is not generally considered to be public knowledge. The
information must be capable of being associated with a particular individual. A
business that violates the provisions of the bill is liable to any person damaged by
the violation for the amount of damages and for reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB546, s. 1
3Section
1. 895.505 of the statutes is created to read:
AB546,1,5
4895.505 Disposal of records containing personal information. (1) 5Definitions. In this section:
AB546,2,3
1(a) "Business" means an organization or enterprise operated for profit,
2including a sole proprietorship, partnership, firm, business trust, joint venture,
3syndicate, corporation, limited liability company or association.
AB546,2,64
(b) "Personal information" means personally identifiable data about an
5individual's medical or financial condition that is not generally considered to be
6public knowledge.
AB546,2,97
(c) "Personally identifiable" means capable of being associated with a
8particular individual through one or more identifiers or other information or
9circumstances.
AB546,2,1210
(d) "Record" means any material on which written, drawn, printed, spoken,
11visual or electromagnetic information is recorded or preserved, regardless of
12physical form or characteristics.
AB546,2,14
13(2) Disposal of records containing personal information. A business may not
14dispose of a record containing personal information unless:
AB546,2,1615
(a) Prior to the disposal of the record, the business shreds, erases or otherwise
16modifies the record to make the personal information unreadable.
AB546,2,1917
(b) The business takes actions that it reasonably believes will ensure that no
18unauthorized person will have access to the personal information contained in the
19record for the period between the record's disposal and the record's destruction.
AB546,2,22
20(3) Cause of action. Notwithstanding s. 814.04 (1), a business that violates
21sub. (2) is liable to any person damaged by the violation for the amount of damages
22and for reasonable attorney fees.
AB546,3,2
1(1)
This act takes effect on the first day of the 4th month beginning after
2publication.
