19.36 Limitations upon access and withholding.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Application of other laws. Any record which is specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law is exempt from disclosure under s. 19.35

(1), except that any portion of that record which contains public information is open to public inspection as provided in sub.

(6).

(2)Law enforcement records. Except as otherwise provided by law, whenever federal law or regulations require or as a condition to receipt of aids by this state require that any record relating to investigative information obtained for law enforcement purposes be withheld from public access, then that information is exempt from disclosure under s. 19.35

(1).

(3)Contractors’ records. Each authority shall make available for inspection and copying under s. 19.35

(1)any record produced or collected under a contract entered into by the authority with a person other than an authority to the same extent as if the record were maintained by the authority. This subsection does not apply to the inspection or copying of a record under s. 19.35

(am).

(4)Computer programs and data. A computer program, as defined in s. 16.971

(c), is not subject to examination or copying under s. 19.35

(1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.

(5)Trade secrets. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s. 134.90

(c).

(6)Separation of information. If a record contains information that is subject to disclosure under s. 19.35

(a)or

(am)and information that is not subject to such disclosure, the authority having custody of the record shall provide the information that is subject to disclosure and delete the information that is not subject to disclosure from the record before release.

(7)Identities of applicants for public positions.

(a)In this subsection:

1. “Final candidate” means each applicant who is seriously considered for appointment or whose name is certified for appointment, and whose name is submitted for final consideration to an authority for appointment, to any of the following:

a. A state position that is not a position in the classified service and that is not a position in the University of Wisconsin System.

b. A local public office.

c. The position of president, vice president, or senior vice president of the University of Wisconsin System; the position of chancellor of an institution; or the position of the vice chancellor who serves as deputy at each institution.

2. “Final candidate” includes all of the following, but only with respect to the offices and positions described under subd. 1. a. and b. :

a. Whenever there are at least 5 applicants for an office or position, each of the 5 applicants who are considered the most qualified for the office or position by an authority.

b. Whenever there are fewer than 5 applicants for an office or position, each applicant.

c. Whenever an appointment is to be made from a group of more than 5 applicants considered the most qualified for an office or position by an authority, each applicant in that group.

3. “Institution” has the meaning given in s. 36.05

(9).

(b)Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant.

(8)Identities of law enforcement informants.

(a)In this subsection:

1. “Informant” means an individual who requests confidentiality from a law enforcement agency in conjunction with providing information to that agency or, pursuant to an express promise of confidentiality by a law enforcement agency or under circumstances in which a promise of confidentiality would reasonably be implied, provides information to a law enforcement agency or, is working with a law enforcement agency to obtain information, related in any case to any of the following:

a. Another person who the individual or the law enforcement agency suspects has violated, is violating or will violate a federal law, a law of any state or an ordinance of any local government.

b. Past, present or future activities that the individual or law enforcement agency believes may violate a federal law, a law of any state or an ordinance of any local government.

2. “Law enforcement agency” has the meaning given in s. 165.83

(b), and includes the department of corrections.

(b)If an authority receives a request to inspect or copy a record or portion of a record under s. 19.35

(a)that contains specific information including but not limited to a name, address, telephone number, voice recording, or handwriting sample that, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under s. 19.33 , makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access.

(9)Records of plans or specifications for state buildings. Records containing plans or specifications for any state-owned or state-leased building, structure or facility or any proposed state-owned or state-leased building, structure or facility are not subject to the right of inspection or copying under s. 19.35

(1)except as the department of administration otherwise provides by rule.

(10)Employee personnel records. Unless access is specifically authorized or required by statute, an authority shall not provide access under s. 19.35

(1)to records containing the following information, except to an employee or the employee’s representative to the extent required under s. 103.13 or to a recognized or certified collective bargaining representative to the extent required to fulfill a duty to bargain under ch. 111 or pursuant to a collective bargaining agreement under ch. 111 :

(a)Information maintained, prepared, or provided by an employer concerning the home address, home electronic mail address, home telephone number, or social security number of an employee, unless the employee authorizes the authority to provide access to such information.

(b)Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to disposition of the investigation.

(c)Information pertaining to an employee’s employment examination, except an examination score if access to that score is not otherwise prohibited.

(d)Information relating to one or more specific employees that is used by an authority or by the employer of the employees for staff management planning, including performance evaluations, judgments, or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference, or other comments or ratings relating to employees.

(11)Records of an individual holding a local public office or a state public office. Unless access is specifically authorized or required by statute, an authority shall not provide access under s. 19.35

(1)to records, except to an individual to the extent required under s. 103.13 , containing information maintained, prepared, or provided by an employer concerning the home address, home electronic mail address, home telephone number, or social security number of an individual who holds a local public office or a state public office, unless the individual authorizes the authority to provide access to such information. Except as provided in sub.

(15), this subsection does not apply to the home address of an individual who holds an elective public office or to the home address of an individual who, as a condition of employment, is required to reside in a specified location.

(13)Financial identifying information. An authority shall not provide access to personally identifiable information that contains an individual’s account or customer number with a financial institution, as defined in s. 134.97

(b), including credit card numbers, debit card numbers, checking account numbers, or draft account numbers, unless specifically required by law.

(14)Identities of election officials or election registration officials. Unless access is specifically authorized or required by statute, an authority shall not provide access under s. 19.35

(1)to records containing the personally identifiable information of a current or former election official, as defined in s. 5.02

(4e), or election registration official, as defined in s. 5.02

(4g), who submits a written request to the authority requesting that the information be kept confidential, except that an authority may provide access to the name of such current or former official and the city and state where the official resides.

(15)Privacy protections for judicial officers. If a judicial officer, as defined in s. 757.07

(e), submits a written request under s. 757.07

(4), an authority shall not provide access under s. 19.35

(1)to a certification of residence under s. 8.10

(8)or to the personal information, as defined in s. 757.07

(g), of a judicial officer, except as provided under s. 8.10

(b). An authority shall not provide access under s. 19.35

(1)to any form, blank or completed, that is prescribed by the director of state courts under s. 757.07

(4)and used for the submission of written requests or for consent to release personal information otherwise protected by a judicial officer’s written request.

(16)Judicial security profiles.

(a)In this subsection:

1. “Judicial officer” means a person who currently is or who formerly was a supreme court justice, court of appeals judge, circuit court judge, municipal judge, tribal judge, temporary or permanent reserve judge, or circuit, supplemental, or municipal court commissioner.

2. “Judicial security profile form” means a form prescribed by the director of state courts.

(b)An authority shall not provide access under s. 19.35

(1)to a judicial security profile form that is completed by or on behalf of a judicial officer and used to develop an emergency response plan.

19.36 Note NOTE: 2003 Wis. Act 47 , which affected this section, contains extensive explanatory notes.