942.06 Use of polygraphs and similar tests.
(1) Except as provided in sub. (2m), no person may require or administer a polygraph, voice stress analysis, psychological stress evaluator or any other similar test purporting to test honesty without the prior written and informed consent of the subject.
(2) Except as provided in sub. (2q), no person may disclose that another person has taken a polygraph, voice stress analysis, psychological stress evaluator or any other similar test purporting to test honesty and no person may disclose the results of such a test to any person except the person tested, without the prior written and informed consent of the subject.
(2m) Subsection (1) does not apply to any of the following:
(a) An employee or agent of the department of corrections who conducts a lie detector test of a sex offender under s. 301.132.
(b) An employee or agent of the department of health services who conducts a lie detector test of a person under s. 51.375.
(2q) Subsection (2) does not apply to any of the following:
(a) An employee or agent of the department of corrections who discloses, to any of the following, the fact that a sex offender has had a lie detector test under s. 301.132 or the results of such a lie detector test:
1. Another employee or agent of the department of corrections.
2. Another agency or person, if the information disclosed will be used for purposes related to correctional programming or care and treatment.
(b) An employee or agent of the department of health services who discloses, to any of the following, the fact that a person has had a lie detector test under s. 51.375 or the results of such a lie detector test:
1. Another employee or agent of the department of health services or another person to whom disclosure is permitted under s. 51.375 (2) (b).
2. Another agency or person, if the information disclosed will be used for purposes related to programming or care and treatment for the person.
(3) Whoever violates this section is guilty of a Class B misdemeanor.
History: 1979 c. 319; 1995 a. 440; 1997 a. 283; 1999 a. 89; 2001 a. 16; 2007 a. 20 s. 9121 (6) (a).
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