995.55 Internet privacy protection.

447 words·~2 min read·/wi/chapter-995/995-55-4

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

(1)Definitions. In this section:

(a)“Access information” means a user name and password or any other security information that protects access to a personal Internet account.

(b)“Educational institution” means an institution of higher education, as defined in s. 108.02

(18); a technical college established under s. 38.02 ; a school, as defined in s. 440.52

(a)2. ; a public school, as described in s. 115.01

(1); a charter school, as defined in s. 115.001

(1); a private school, as defined in s. 115.001

(3r); or a private educational testing service or administrator.

(c)“Employer” means any person engaging in any activity, enterprise, or business employing at least one individual. “Employer” includes the state, its political subdivisions, and any office, department, independent agency, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.

(d)“Personal Internet account” means an Internet-based account that is created and used by an individual exclusively for purposes of personal communications.

(2)Restrictions on employer access to personal Internet accounts.

(a)Except as provided in pars.

(b),

(c), and

(d), no employer may do any of the following:

1. Request or require an employee or applicant for employment, as a condition of employment, to disclose access information for the personal Internet account of the employee or applicant or to otherwise grant access to or allow observation of that account.

2. Discharge or otherwise discriminate against an employee for exercising the right under subd. 1. to refuse to disclose access information for, grant access to, or allow observation of the employee’s personal Internet account, opposing a practice prohibited under subd. 1. , filing a complaint or attempting to enforce any right under subd. 1. , or testifying or assisting in any action or proceeding to enforce any right under subd. 1.

3. Refuse to hire an applicant for employment because the applicant refused to disclose access information for, grant access to, or allow observation of the applicant’s personal Internet account.

(b)Paragraph

(a)does not prohibit an employer from doing any of the following:

1. Requesting or requiring an employee to disclose access information to the employer in order for the employer to gain access to or operate an electronic communications device supplied or paid for in whole or in part by the employer or in order for the employer to gain access to an account or service provided by the employer, obtained by virtue of the employee’s employment relationship with the employer, or used for the employer’s business purposes.