[HISTORY: Adopted by the Board of Trustees of the Village
of Horseheads 5-10-2012 by L.L. No. 4-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Records — See Ch. 186.
[1]
Editor's Note: This local law also repealed former Ch.
66, Security Breaches of Information, adopted 6-8-2006 by L.L. No.
3-2006.
The Village of Horseheads Board of Trustees finds that identity
theft and security breaches are effecting local residents and others.
The New York State Legislature and Governor enacted legislation mandating
the establishment of a breach notification procedure to prevent injury
to residents and afford an opportunity for repair of damages resultant
from a breach.
As used in this chapter, the following terms shall have the
meanings indicated:
Have the same meaning as provided in State Technology Law
§ 208, as amended from time to time, excepting that where
the word "State" is used, it shall be interchanged with the word "Village"
as the context of this chapter will require.
Any Village board, bureau, division, committee, commission,
council, department, public authority, public benefit corporation,
office or other governmental entity performing a governmental or proprietary
function for the Village of Horseheads except the judiciary.
The Village of Horseheads, NY.
A.
Any Village entity that owns or licenses computerized data that includes private information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the system to any resident of New York State whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in § 56-5 of this chapter, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
B.
The Village entity shall consult with the State Office of Cyber Security
and Critical Information Coordination to determine the scope of the
breach and restoration measures.
Any Village entity that maintains computerized data that includes
private information which such entity does not own shall notify the
owner or licensee of the information of any breach of the security
of the system immediately following discovery if the private information
was, or is reasonably believed to have been, acquired by a person
without valid authorization.
The notification required by this chapter may be delayed if
a law enforcement agency determines that such notification impedes
a criminal investigation. The notification required by this chapter
shall be made after such law enforcement agency determines that such
notification does not compromise such investigation.
The notice required by this chapter shall be directly provided
to the affected persons by one of the following methods:
A.
Written notice;
B.
Electronic notice, provided that the person to whom notice is required
has expressly consented to receiving said notice in electronic form
and a log of each such notification is kept by the Village entity
who notifies affected persons in such form; provided further, however,
that in no case shall any person or business require a person to consent
to accepting said notice in said form as a condition of establishing
any business relationship or engaging in any transaction;
C.
Telephone notification, provided that a log of each telephone notification
is kept by the Village entity; or
D.
Substitute notice, if a Village entity demonstrates to the New York
State Attorney General that the cost of providing notice would exceed
$250,000, or that the affected class of subject persons to be notified
exceeds $500,000, or such entity does not have sufficient contact
information, substitute notice shall consist of all of the following:
Regardless of the method by which notice is provided, such notice
shall include contact information for the person or business making
the notification and a description of the categories of information
that were, or are reasonably believed to have been, acquired by a
person without valid authorization, including specification of which
of the elements of personal information and private information were,
or are reasonably believed to have been, so acquired.
A.
In the event that any New York residents are to be notified at one
time, the Village entity shall notify the New York State Attorney
General, the Consumer Protection Board, and the State Office of Cyber
Security and Critical Infrastructure Coordination as to the timing,
content and distribution of the notices and approximate number of
affected persons. Such notice shall be made without delaying notice
to affected New York residents.
B.
In the event that more than 5,000 New York residents are to be notified
at one time, the person or business shall also notify consumer reporting
agencies as to the timing, content and distribution of the notices
and approximate number of affected persons. Such notice shall be made
without delaying notice to affected New York residents.
