[HISTORY: Adopted by the Board of Trustees of the Village of Westbury as indicated in article histories. Amendments noted where applicable.]
Records — See Ch. 54.
[Adopted 6-2-2011 by L.L. No. 2-2011]
Editor's Note: This chapter was originally adopted as Ch. 227, but was redesignated for organizational purposes.
It is the intention of the Board of Trustees to enact Chapter 59 of the Code of the Village of Westbury entitled "Technology," and § 227-1 through § 227-10, entitled "Information Security Breach and Privacy." This amendment is submitted so as to comply with the requirements of § 208, Subdivision 8, of the State Technology Law, which requires a village to develop a notification policy consistent with the State Technology Law § 208.
The Board of Trustees of the Village of Westbury recognizes that they are required to develop a notification policy for any breach of private information in the Village's computerized data relating to its employees, contractors, residents, property owners and other persons, in order to be consistent with § 208 of the State Technology Law. These rules shall serve as a guide for the official conduct of the officers and employees of the Village of Westbury to follow in the event of a security breach of its computerized records containing any private information, as defined in § 59-3 of this chapter. The rules of this article, as adopted, shall not conflict, but shall be consistent with the provisions of § 208 of the State Technology Law.
As used in this article, the following terms shall have the following meanings:
- BREACH OF THE SECURITY OF THE SYSTEM
- Unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of private information maintained by the Village. Good faith acquisition of private information by an employee or agent of the Village for the purposes of the Village is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. In determining whether private information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the Village may consider the following factors, among others:
- A. Indications that the private information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing private information.
- B. Indications that the private information has been downloaded or copied.
- C. Indications that the private information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
- CONSUMER REPORTING AGENCY
- Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. A list of such consumer reporting agencies is compiled by the State Attorney General and furnished upon request to the Village when it is required to make a notification under § 59-4.
- A. Information in combination with any one or more of the following data elements, when either the information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:
- B. Private information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
- The Village of Westbury, New York, except the judiciary of the Village.
If the Village owns, leases or licenses computerized data that includes private information, it 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 § 59-6, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The Village shall consult with the State Office of Cyber Security and Critical Infrastructure Coordination to determine the scope of the breach and restoration measures.
If the Village maintains computerized data that includes private information which the Village does not own, the Village shall notify the owner, lessee 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 section shall be directly provided to the affected persons by one of the following methods:
Written notice delivered in person or to the person's last known home or business address by first-class mail.
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 when it notifies affected persons in such form; provided further, however, that in no case shall the Village or any person or business associated with the Village 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.
Telephone notification, provided that a log of each such notification is kept by the Village when it notifies affected persons.
Substitute notice shall be used, if the cost of providing notice under Subsection A, B, or C above, or any combination thereof, would exceed $500, or the affected class of subject persons to be notified exceeds 1,000 persons, or if the Village does not have sufficient contact information for any one more persons in the subject class. Substitute notice shall be provided by use of the method in Subsection D(1) below if to the extent the Village has the email addresses for one or more persons in the affected class of subject persons; and to the extent the Village does not have all of the email addresses of one or more persons of the affected class of subject persons, by the use of the methods in Subsection D(2) and (3) below for those persons:
Regardless of the method by which notice is provided, such notice shall include contact information for the Village, including the name of the person 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 private information were, or are reasonably believed to have been, so acquired.
In the event that any New York residents are to be notified, the Village shall notify the State Attorney General, the State 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.
In the event that more than 5,000 New York residents are to be notified at one time, the Village 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.
Any additional procedural, definitional or notification requirement which is hereafter enacted amending, repealing or otherwise affecting any of the provisions of the State Technology Law § 208 which are required of villages shall be incorporated into the provisions of this article and shall become an additional requirement pursuant to this article.