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Wisconsin: Bill on consumer data protection introduced to Assembly

Assembly Bill ('AB') 957 on consumer data protection was introduced, on 3 January 2022, to the Wisconsin State Assembly. In particular, AB 957 would apply to individuals that conduct business in the State of Wisconsin or produce products or services that are targeted to residents of the state and who satisfy the following requirements:

  • during a calendar year, the individual controls or processes personal data of at least 100,000 consumers; and
  • the individual controls or processes personal data of at least 25,000 consumers and derives over 50% of its gross revenue from the sale of personal data.

In addition, AB 957 would provide for consumer rights, such as the right to:

  • confirm whether a controller is processing the consumer's personal data and to access it;
  • correct inaccuracies in the consumer's personal data;
  • require a controller to delete personal data provided by or about the consumer;
  • obtain a copy of the personal data that the consumer previously provided to the controller; and
  • opt-out of the processing of the consumer's personal data for targeted advertising, its sale, and certain forms of automated processing of the same.

Moreover, AB 957 would provide for data controller and processor responsibilities, such as establishing technical and organisational measures to protect personal data, not processing a consumer's sensitive personal data without their consent, and that a processor would adhere to the instructions of a controller and assist the controller in meeting its obligations.

You can read AB 957 here and track its progress here.

UPDATE (23 February 2022)

Bill for consumer data protection passes State Assembly

AB 957 for an Act on consumer data protection was passed, on 23 February 2022, by the Wisconsin State Assembly. In particular, AB 957 passed with amendments, including the definition of biometric data, and with respect to consumer's right to deletion.

You can read AB 957 here, the amendments here, and track its progress here.

UPDATE (24 March 2022)

Bill on consumer data protection fails to pass Senate

AB 957 for an Act on consumer data protection failed to pass the State Senate, on 8 March 2022, before the end of the State's legislative session.

You can read the bill and view its history here.