Town of Lansing, NY
Tompkins County
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[HISTORY: Adopted by the Town Board of the Town of Lansing 3-15-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
The Town of Lansing hereby adopts this local law, to be known as the Town of Lansing "Local Law Number 1 of 2006." This local law shall apply only within the Town of Lansing, and hereby repeals any prior local law or resolution inconsistent herewith.
The purpose of this chapter is to provide for a system to ensure timely notification to persons whose private identifying information has been stolen or subjected to unauthorized access, and to put in place systems to address the prevention of such unauthorized access.
As used in this chapter, 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 personal information maintained by the Town. The good faith acquisition of personal information by an employee or agent of the Town for Town purposes is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.
CONSUMER REPORTING AGENCY
Any person 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, all as kept on a list compiled by the State Attorney General.
PERSONAL INFORMATION
Any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person.
A. 
Personal information consisting of any 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 encrypted with an encryption key that has also been acquired:
(1) 
A social security number;
(2) 
A driver's license number or nondriver identification card number; or
(3) 
An account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
B. 
"Private information" does not include publicly available information which is lawfully made available to the general public from federal, state, or local government records.
TOWN
The Town of Lansing, in the County of Tompkins and State of New York.
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:
A. 
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
B. 
Indications that the information has been downloaded or copied; or
C. 
Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town 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, 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 Information Technology Services 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 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. Any notification required by this section may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The notification required by this section shall be made after such law enforcement agency determines that such notification does not compromise such investigation.
A. 
The notice required by this chapter shall be directly provided to the affected persons by one of the following methods:
(1) 
Written notice;
(2) 
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 Town; provided further, however, that in no case shall the Town require a person to consent to accepting said notice in electronic form;
(3) 
Telephone notification, provided that a log of each such notification is kept by the Town; or
(4) 
Substitute notice, if the Town demonstrates to the 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 agency does not have sufficient contact information. Substitute notice shall consist of all of the following:
(a) 
E-mail notice when the Town has an e-mail address for the subject persons;
(b) 
Conspicuous posting of the notice on the Town's website; and
(c) 
Notification to major statewide media.
B. 
Regardless of the method by which notice is provided, such notice shall 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 a specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.
C. 
In the event that any New York residents are to be notified, the Town shall also notify the State Attorney General, the Department of State, and the State Office of Information Technology Services as to the timing, content and distribution of the notices and the approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
In the event that more than 5,000 New York residents are to be notified at one time, the Town shall also notify consumer reporting agencies as to the timing, content and distribution of the notices, and the approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents.
The Town shall strive to continually update its recordkeeping systems, digital and otherwise, to help secure any private information and enhance the security of Town systems and records. The Town Supervisor shall be responsible to appoint one or more persons and/or Town Board members to examine and report annually to the Town Board concerning the keeping of private information, the security thereof, the enhancement of such security, the identification of potential points of loss and risk, and the mitigation of such points of loss or risk. The persons so appointed shall comprise the Town Technology Committee, and such Committee shall be chaired by a member of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. 
First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $750, or subject to a civil penalty of not more than $1,500 to be recovered by the Town in a civil action.
C. 
Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be guilty of an unclassified misdemeanor and subject to a fine not less than $750 nor more than $2,500 and a period of incarceration not to exceed 120 days, or subject to a civil penalty of not less than $1,500 nor more than $7,500 to be recovered by the Town in a civil action.
D. 
Each week that any noncompliance or violation continues is and may be charged as a separate violation.
E. 
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief.
(1) 
Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action:
(a) 
Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and
(b) 
The Town shall not be required to post any bond or undertaking; and
(c) 
The Town need not prove that:
[1] 
There is or will likely be irreparable harm; or
[2] 
That the Town has no adequate remedy at law.
(2) 
In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.
The Town shall not be liable or responsible for any injury to persons or their rights, or any damage to or loss of property (including loss of use, and all losses or damage to data, accounts, or credit) due to the Town's actions, or failures to act, under or pursuant to this chapter, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to the maximum extent permitted by law.