[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:
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.
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.
Any information concerning a natural person which, because
of name, number, personal mark, or other identifier, can be used to
identify such natural person.
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:
"Private information" does not include publicly available information
which is lawfully made available to the general public from federal,
state, or local government records.
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:
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:
(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.
