[HISTORY: Adopted by the Town Board of the Town of LaFayette 5-11-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
This chapter shall be known as the "Town of LaFayette Computer
System Security Breach Notification Policy."
This Computer System Security Breach Notification Policy is
intended to establish procedures to follow in the event a person(s)
has acquired, without valid authorization, private information of
individuals from the records of the Town of LaFayette and to alert
said individuals to any potential identity theft as quickly as possible
so that they may take appropriate steps to protect themselves from
and remedy any impacts of the potential identity theft or security
breach.
This chapter is enacted pursuant to the New York State Constitution,
New York Municipal Home Rule Law ยงย 10 and New York Technology
Law ยงย 208.
As used in this chapter, the following terms shall have the
meanings indicated:
Unauthorized acquisition or acquisition without valid authorization
of computerized data which compromises the security, confidentiality
or integrity of personal information maintained by the Town. Good-faith
acquisition of personal information by an employee or agent of the
Town for the purposes of the employee or agent is not a breach of
the security of the system, provided that the private information
is not used or subject to an authorized disclosure. In determining
whether information has been acquired, or is reasonably believed to
have been acquired, by an unauthorized person or a person without
valid authorization, the Town may consider the following factors,
among others:
Indications that the information is in the physical possession
and control of an unauthorized person, such as a lost or stolen computer
or other device containing information; or
Indications that the information has been downloaded or copied;
or
Indications that the information was used by an unauthorized
person, such as fraudulent accounts opened or instances of identity
theft reported.
Any person or entity who or which, 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 which uses any means or facility
of interstate commerce for the purpose of preparing or furnishing
consumer reports. A list of consumer reporting agencies may be obtained
upon request to the State Attorney General.
Any board, division, committee, commission, council, department,
public authority, public benefit corporation, office or other governmental
entity performing a governmental or proprietary function for the Town.
Any information concerning a natural person which, because
of name, number, personal mark or other identifier, can be used to
identify that person.
Personal information in combination with any one or more of
the following data elements, when either the personal information
or the data element is not encrypted or is encrypted with an encryption
key that has also been acquired:
Private information does not include publicly available information
that is lawfully made available to the general public from Town records.
The Town of LaFayette, County of Onondaga.
Any Town department that owns or licenses computerized data that includes private information must disclose any breach of the security of the system to any individual whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in ยงย 61-7 below, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The Town 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 Town maintains computerized data that includes private
information which the Town does not own, the Town must 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.
Notification pursuant to this policy may be delayed if a law
enforcement agency determines that notification could impede a criminal
investigation. The notification must be made after the law enforcement
agency determines that notification would not compromise any criminal
investigation.
The required notice must be directly provided to the affected
individuals by one of the following methods:
A.ย
Written
notice;
B.ย
Electronic
notice, provided that the person to whom notice is required to be
provided has expressly consented to receiving notice in electronic
form and a log of each electronic notification is kept by the Town;
and provided further that no person or business may require a person
to consent to accepting notice in electronic form as a condition of
establishing any business relationship or engaging in any transaction;
C.ย
Telephone
notification, provided that a log of each telephone notification is
kept by the Town; or
D.ย
Substitute
notice, if the Town demonstrates to the State Attorney General that
the cost of providing notice would exceed $250,000 or that the number
of individuals to be notified exceeds 500,000, or the Town does not
have sufficient contact information. Substitute notice must include
all of the following:
Regardless of the method by which notice is provided, the notice
must include contact information for the Town 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 were,
or are reasonably believed to have been, acquired.
A.ย
Whenever
any New York State residents are to be notified pursuant to this policy,
the Town must notify the 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 the approximate number of affected people. Such notice must be
made without delaying notice to affected individuals.
B.ย
Whenever
more than 5,000 New York State residents are to be notified at one
time, the Town must also notify consumer reporting agencies as to
the timing, content and distribution of the notices and the approximate
number of affected people. Such notice must be made without delaying
notice to affected individuals.