Privacy Laws in Wisconsin: What You Need to Know

Wisconsin is one of many states still working toward comprehensive consumer data privacy legislation. While the state doesn't yet have a law comparable to California's CCPA or Virginia's CDPA, Wisconsin residents do have certain privacy protections under existing state laws — and a comprehensive privacy bill is making its way through the legislature. Here's what Wisconsin residents need to know about their privacy rights in 2026.

Current Privacy Protections in Wisconsin

Data Breach Notification Law (Wis. Stat. § 134.98)

Wisconsin's data breach notification law is currently the state's most significant privacy protection. Under this law:

• Businesses must notify affected individuals within a reasonable time after discovering a data breach involving personal information
• Personal information covered includes Social Security numbers, driver's license numbers, financial account numbers, and other identifying data when combined with a person's name
• Notification requirements — Notices must describe the type of data compromised and the steps the business is taking to prevent further harm
• Large breaches — If a breach affects more than 1,000 Wisconsin residents, the business must also notify nationwide consumer reporting agencies
• Penalties — Violations can result in penalties up to $100 per individual affected, with a maximum penalty of $250,000 per breach

Wisconsin Consumer Act

The Wisconsin Consumer Act (Wis. Stat. Chapter 427) prohibits unfair or deceptive business practices, which can apply to deceptive data collection practices. While not specifically a privacy law, it has been used to challenge misleading data practices and can provide a legal basis for action when companies misrepresent how they collect or use personal information.

Wiretapping and Electronic Surveillance (Wis. Stat. § 968.31)

Wisconsin is a one-party consent state for recording conversations. This means only one party to a conversation needs to consent to recording it. However, it is illegal to intercept electronic communications (such as email) without the consent of at least one party.

The Wisconsin Data Privacy Act (Pending Legislation)

Wisconsin has been working on comprehensive privacy legislation, with bills introduced in both the State Assembly and Senate. While the legislation has not yet been signed into law as of early 2026, here's what the proposed Wisconsin Data Privacy Act would include:

Consumer Rights Under the Proposed Law

• Right to access — Know what personal data a business has collected about you
• Right to delete — Request deletion of your personal data
• Right to correct — Fix inaccurate personal information
• Right to data portability — Obtain a copy of your data in a portable format
• Right to opt out — Decline the sale of your personal data, targeted advertising, and profiling

Business Requirements

The proposed law would require businesses that process personal data of Wisconsin residents to:

• Provide clear and accessible privacy notices
• Limit data collection to what is reasonably necessary
• Conduct data protection assessments for high-risk processing activities
• Recognize universal opt-out preference signals (like Global Privacy Control)
• Obtain consent before processing sensitive data including biometric data, health information, and precise geolocation

Enforcement

The proposed legislation would be enforced by the Wisconsin Attorney General's office. There is currently no proposed private right of action, meaning individual consumers would not be able to sue companies directly for violations — they would need to file complaints with the AG's office.

How Wisconsin Compares to Other States

Without comprehensive privacy legislation, Wisconsin lags behind many neighboring and comparable states:

• Illinois — Has the Biometric Information Privacy Act (BIPA), one of the strongest biometric privacy laws in the country, plus comprehensive data privacy legislation
• Minnesota — Passed the Minnesota Consumer Data Privacy Act in 2024
• Iowa — Enacted the Iowa Consumer Data Protection Act in 2023
• Indiana — Passed the Indiana Consumer Data Protection Act in 2023

This means Wisconsin residents currently have fewer privacy rights than residents of neighboring states, despite facing the same data broker and privacy threats.

Protecting Your Privacy as a Wisconsin Resident

While you wait for stronger state legislation, there are steps you can take right now to protect your personal information:

1. Take Advantage of Federal Laws

Certain federal laws provide privacy protections regardless of your state:

• Fair Credit Reporting Act (FCRA) — Gives you the right to access and dispute information in your credit reports
• CAN-SPAM Act — Allows you to opt out of commercial marketing emails
• HIPAA — Protects the privacy of your health information
• COPPA — Protects children's online privacy for those under 13

2. Opt Out of Data Brokers Directly

Even without state-mandated opt-out rights, most data brokers provide voluntary opt-out mechanisms. You can submit removal requests to people-search sites and data aggregators individually, though this is time-consuming and must be repeated regularly as your data gets re-listed.

3. Use California's DELETE Act (Coming August 2026)

Starting August 1, 2026, California's Delete Act creates a centralized portal where anyone — not just California residents — can submit deletion requests to all registered data brokers in California simultaneously. Since most major data brokers are registered in California, this portal will benefit Wisconsin residents significantly.

4. Freeze Your Credit

Under federal law, you can freeze your credit at all three major bureaus (Equifax, Experian, TransUnion) for free. This prevents identity thieves from opening new accounts in your name.

Resources for Wisconsin Residents

• Wisconsin Department of Agriculture, Trade and Consumer Protection: datcp.wi.gov — File consumer complaints and learn about your rights
• Wisconsin Attorney General: doj.state.wi.us — Report privacy violations and data breaches
• Identity Theft Resources: IdentityTheft.gov — Federal identity theft reporting and recovery
• Annual Credit Reports: AnnualCreditReport.com — Free credit reports from all three bureaus