Privacy Law
Wisconsin law recognizes an individual's right to privacy. Privacy-related laws may range from employment law to identity theft. Explore our other legal topics research pages for more information or ask a librarian for help to learn more about a specific issue.
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Top Sources
Wisconsin Statute 995.50 Right of Privacy
Wisconsin Statute 942.08 Invasion of Privacy
U.S. Code Title 5 section 552a Records Maintained on Individuals
Popular questions
What does it mean when a court record is "sealed?"
A sealed record means that the Court does not allow public inspection of a record or a piece of information. Learn more about how court records may be sealed in this Wisconsin Court System guide to "How do I ask the court to seal a record?"
I believe someone is sharing my health information without my consent.
The U.S. Department of Health and Human Services has an online complaint process for individuals who believe a covered entity (such as a doctor or insurance company) is disclosing their private information.
Can phone calls be recorded?
We link to resources and laws on our Wiretapping and Taping Conversations research page which explore this issue.
Laws
- WI Statutes: s. 19.356 "Notice to Record Subject; Right of Action"
- WI Statutes: s. 100.525 "Telephone Records, Obtaining, Selling, or Receiving Without Consent"
- WI Statutes: s. 103.13 (6) (e) "Records Open to Employee"
- WI Statutes: s. 134.97 "Disposal of Records Containing Personal Information"
- WI Statutes: s. 134.98 "Notice of Unauthorized Acquisition of Personal Information"
- WI Statutes: s. 942.08 "Invasion of Privacy"
- WI Statutes: s. 995.50 "Right of Privacy"
- U.S. Code: 5 USC 552a "Records Maintained on Individuals" (Privacy Act)
- U.S. Code: 20 USC 1232g "Family Educational and Privacy Rights" (Student Records)
Forms
- SeniorCare privacy forms
- Sealing court records (WI Court System)
This guide lists form numbers, which can be downloaded at the Wisconsin Court System forms page. - Wisconsin Department of Transportation records opt-out forms
Research links
Wisconsin
- WI Department of Consumer Protection
- Civil and criminal penalties for invasions of privacy (WI Legislative Council, March 2021 (book link))
- Records containing personal information (WI Legislative Council, March 2021 (book link))
- Online Privacy: Social Media, E-mail Warrant Search, and Customer Data (WI Legislative Reference Bureau, March 2014)
National
- Consumer financial privacy (FDIC)
- Privacy and security (Federal Trade Commission)
- Electronic Privacy Information Center
Pending Congressional legislation on privacy & cyber liberties View scanned images of government documents released under FOIA. - Privacy Rights Clearinghouse
A nonprofit organization focused on consumer privacy issues. Fact sheets on identity theft, Internet privacy, telemarketing, financial privacy, junk mail, medical records, workplace privacy, and more. - Privacy: an Abbreviated Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (Congressional Research Service)
Revenge Porn and Related Issues
- Nonconsensual pornography, sextortion, and deep fake laws by state (Cyber Civil Rights Initiative)
- Wis. Statute 942.09 "Representations depicting nudity"
Workplace Records
- WI Statutes: s. 19.356 "Notice to Record Subject; Right of Action"
- WI Statutes: s. 103.13 (6) (e) "Records Open to Employee"
Library books & articles
Books
- The law of privacy explained
KF1262.Z9 S635 2004 - New laws relating to personal data privacy
KFW2420 .L44 LB 06-12 - Privacy laws in Wisconsin
KFW2420 .L44 WB 08-9 - Proskauer on Privacy
KF1263 .C65 P76 -
Protecting your personal privacy : a self-help guide for judges and their families
KF1262 .R45 2006 - Restatement of the Law of Torts 2nd [multiple sections]
KF395 .A2 T62
Restatement of the Law books are available full text in HeinOnline - The rights of publicity and privacy
KF1262.M43 R5 - Wisconsin Practice
KFW2930 .W73
Law Review Articles
- Access Denied: How Woznicki v. Erickson Reversed the Statutory Presumption of Openness in the Wisconsin Open Records Law
Wis L Rev 2002.5 (Sept-Oct 2002) - Case for Reexamining Privacy Law in Wisconsin
Wis L Rev 2004.6 (Nov-Dec 2004) - Future Face of the Worldwide Data Privacy Push as a Factor Affecting Wisconsin Businesses Dealing with Consumer Data
Wis Intl L Jnl 22.3 (Fall 2004) - Genetic Privacy Laws and Patients Fear of Discrimination by Health Insurers
Jnl of Law, Medicine & Ethics 28.3 (Fall 2000) - How to Combat Revenge Porn
93 Wis. Lawyer 12 (February 2020) - Robert E. Shapiro, Invasion of Privacy
46 No. 1 Litigation 59 (2019). Available on Westlaw - Primer on Privacy
Wis Lawyer (Feb 2001) - Privacy 2.0: Law in a Networked World
Univ of Chicago Legal Forum (Annual 2008) - Protecting Client Privacy: A New Practice Area Responds to Rapidly Evolving Needs
79 Or. St. B. Bull. 24 (2018). Available on Westlaw and HeinOnline - Text Messages on Company-Owned Equipment Considered Private? Not so Fast.
State Bar News Aug. 5, 2009