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Can I share personal information about my customers with third parties in Wisconsin? What are the requirements?

Sharing Personal Information with Third Parties in Wisconsin

In Wisconsin, you may share personal information about your customers with third parties under certain conditions [1.1].

Requirements

To share nonpublic personal financial information about a consumer to a nonaffiliated third party, you must comply with the following requirements [1.1]:

  1. Provide the consumer with an initial notice as required under s. Ins 25.10.
  2. Provide the consumer with an opt-out notice as required in s. Ins 25.17.
  3. Give the consumer a reasonable opportunity, before disclosing the information to the nonaffiliated third party, to opt-out of the disclosure.
  4. The consumer does not opt-out.

You may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt-out [1.1].

Exceptions

There are exceptions to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing [1.3]. The opt-out requirements do not apply when you provide nonpublic personal financial information to a nonaffiliated third party to perform services for you or functions on your behalf, or for the purpose of marketing goods or services under the brand name of a licensee under ch. Ins 15, or an affiliate of such a licensee, if you comply with certain requirements [1.3].

Annual Privacy Notice

You are required to provide a clear and conspicuous notice to customers that accurately reflects your privacy policies and practices with regard to nonpublic personal financial information not less than annually during the continuation of the customer relationship [1.2].

Limits on Redisclosure and Reuse

If you receive nonpublic personal financial information from a nonaffiliated financial institution under an exception, you may use or disclose that information only under certain conditions [1.5]. If you receive nonpublic personal financial information from a nonaffiliated financial institution other than under an exception, you may not disclose the information except to certain parties [1.5].

Conclusion

In summary, you may share personal information about your customers with third parties in Wisconsin under certain conditions. You must provide an initial notice and opt-out notice to the consumer, give them a reasonable opportunity to opt-out, and the consumer must not opt-out. However, there are exceptions for service providers and joint marketing if you comply with certain requirements. You are also required to provide an annual privacy notice to customers. If you receive nonpublic personal financial information from a nonaffiliated financial institution, there are limits on redisclosure and reuse.

Source(s):
Jurisdiction

Wisconsin