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Summary of differences between federal and state regulations
Wisconsin’s right to privacy law applies to all individuals within the state. Under state law, an invasion of privacy includes:
- Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, in a place that a reasonable person would consider private or in a manner which is actionable for trespass.
- The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.
- Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person, if the defendant has acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter involved, or with actual knowledge that none existed. It is not an invasion of privacy to communicate any information available to the public as a matter of public record.
Whether or not these provisions apply specifically to a business/employee relationship has been challenged in the courts. A federal court recently ruled in one case (Fischer v. Mt. Olive Lutheran Church Inc.) that the law does offer privacy protection to employees under certain circumstances. The issue at the heart of the case was the privacy of a telephone call.
In addition, Wisconsin has laws governing honesty testing and HIV testing as well as limiting the utilization of arrest and conviction records and the interception of telephone calls.
State
Contacts
Wisconsin Department of Justice
Regulations
Wisconsin Statutes
Chapter 895, Miscellaneous General Provisions; §895.50 Right of privacy
Chapter 111 - Employment relations, §111.321 Prohibited bases of discrimination
Chapter 111 - Employment Relations, §111.37 Use of honesty testing devices in employment situations:
Chapter 631 – Insurance Contracts Generally, §631.90 Restrictions on use of tests for HIV
Federal
Contacts
None.
Regulations
None.