Get clear, actionable guidance on how to securely dispose of digital data and IT assets in Wisconsin. Learn which laws your organization must follow, how to avoid costly penalties, and how Wisconsin’s e-waste policies intersect with your data security requirements. This article covers the current regulatory landscape, risks, and best practices for compliant end-of-life asset handling in 2025.
Wisconsin Data Security and Privacy Laws: What You Need to Know
No Statewide Consumer Privacy Law (Yet)
As of October 2025, Wisconsin does not have a comprehensive state data privacy law regulating all businesses and consumer data. Instead, organizations must comply with:
- Sectoral federal laws (HIPAA, GLBA, COPPA, etc.)
- State data breach notification statute (Wis. Stat. § 134.98)
- Any contractual, regulatory, or industry-specific requirements (e.g., PCI DSS, NIST SP 800-88)
Recent efforts to create a Wisconsin Consumer Data Protection Act (AB 172/SB 166, 2025) remain stalled in the legislature and are not effective as of 2025.
Key Source: Wis. Stat. § 134.98 – Data breach notification
Core State Data Security Requirement
- “Reasonable security measures” are mandatory. Entities must implement appropriate administrative, technical, and physical safeguards to protect personal information.
- Applicability: Any business, government agency, or lender operating in Wisconsin and handling resident data.
- Enforcement: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and the Attorney General.
- No private right of action: Only state authorities can enforce.
Data Breach Notification Triggers
- If an unauthorized “acquisition” of unencrypted personal information occurs, notification to affected individuals is required—within 45 days of discovery.
- “Personal information” includes a broad set of identifiers: name plus Social Security number, driver’s license, account details with access codes, or biometric data.
- If >1,000 residents are affected: You must also notify consumer reporting agencies.
- Penalties: Up to $10,000 per violation, enforceable by state agencies.
- Methods: Direct mail, electronic notice (if customary), or substitute notice (email, website, media) in cases of high volume or cost.
See full statute: Wis. Stat. § 134.98
Proposed Privacy Legislation (Pending for 2027+)
- AB 172/SB 166 (2025) would grant consumers rights to access, correct, delete, and opt out of certain data uses.
- >100,000 consumers processed or 50%+ revenue from data sales to trigger compliance.
- Not law as of October 2025. Monitor for changes in 2026–27.
Track bill status: AB 172 full text and history
Digital Data Destruction and Hard Drive Disposal: Wisconsin-Specific Compliance
Federal and Best Practice Standards Apply
Because Wisconsin lacks a state-specific destruction mandate, enterprises must rely on:
- Federal regulations: HIPAA, GLBA, PCI DSS, etc.
- NIST SP 800-88 (Rev. 1): Gold standard for media sanitization and official NIST guidance
- NAID AAA Certification: Validates secure destruction process and chain of custody (NAID AAA details)
Legal Risk: The “Delete” Myth
Merely deleting or reformatting is not sufficient. Data remnants remain recoverable, creating breach risk and civil penalty exposure if disclosed.
Compliant Enterprise IT Asset Disposition (ITAD) Steps
- Create a defensible data destruction policy.
- Tie protocols to NIST SP 800-88 guidelines and all applicable statutes.
- See why policy matters
- Use proven destruction methods:
- For hard drives (HDD): Shredding, degaussing (when permitted), or certified wiping per NIST 800-88.
- For SSDs, mobile devices, flash media: Physical shredding or cryptographic erase.
- Ensure destruction is witnessed, documented, and matches regulatory risk.
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- Maintain a secure chain of custody:
- Full asset serialization, locked transport, NAID AAA facility assurance, staff background checks.
- Obtain certificate of destruction (CoD) documenting serials, time, method, and witness.
- Avoid landfilling digital storage devices.
- State e-waste law bans landfilling for most consumer electronics, and secure destruction ensures recovered materials can enter compliant recycling.
- Monitor both state and federal breach notification laws.
- Timing, trigger definitions, and notice mechanisms must be followed exactly.
Additional reference: How NIST 800-88 applies to your ITAD
Wisconsin E-Waste Recycling and Electronics Disposal Laws
E-Cycle Wisconsin: Statute § 287.17 (Enforced by WDNR)
Summary:
Wisconsin’s E-Cycle Wisconsin program (enacted 2009, updated for 2025) implements strict controls over end-of-life electronics, but covers only households and K–12 schools. Businesses must still follow landfill bans and cannot dispose of covered electronics as trash.
Key Requirements for 2025:
- Covered Devices: Televisions, computers, computer monitors, printers, peripherals, video game consoles, and more.
- Landfill/Incinerator Ban: No covered devices may be disposed of in state landfills or incinerators—applies to all entities (including businesses).
- Recycling Mandate: Manufacturers must register and finance collection/recycling; recyclers require special registration, insurance, and reporting.
- Business Assets: Not eligible for free E-Cycle, but must use licensed recycling providers.
- Documentation: Recyclers must keep records for 3 years and comply with WDNR rules.
Updates for 2025:
- Manufacturers’ recycling targets: ~19.5 million pounds statewide; new market-share calculation method.
- Statewide results: 18.8 million pounds collected in 2024; all 72 counties served.
- Challenges: Battery fire risk, gaps in coverage, pending rules for expanded battery collection and stricter recycler standards by 2027.
WDNR E-Cycle Program Details: E-Cycle Wisconsin Official Site | 2025 E-Cycle Report PDF
ITAD and E-Waste: Business Obligations
- Do not landfill electronics: Even for commercial assets, use certified e-waste recyclers.
- Combine secure data destruction with compliant recycling: Partnering with a NAID AAA/R2v3/e-Stewards certified vendor ensures both removal of sensitive data and legal recycling of device materials.
- Maintain full tracking: Get documentation of transfer, data destruction, and materials recovery.
State Law Reference: Wis. Stat. § 287.17 full text
Why Choose Data Destruction, Inc. for Wisconsin Data and E-Waste Compliance
- Full NIST SP 800-88 alignment: All destruction methods and reporting exceed national best practices (NIST SP 800-88)
- NAID AAA and R2v3/e-Stewards certification: The highest third-party assurance of process security and environmental compliance
- Unbroken chain of custody, on-site or off-site: Complete serialization, GPS-tracked logistics, and secure facilities
- Certificates of destruction for your audit and legal defense
- Custom program design: We navigate federal, state, and local rules for you, minimizing regulatory and breach risk
- Local Wisconsin experience: Support for public, private, and multistate enterprises operating in the Midwest
Contact us today to eliminate risk and ensure compliance with all digital data destruction and e-waste laws in Wisconsin:
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