The intent of this chapter is to provide a notification policy
pursuant to and consistent with the provisions of § 208
of the State Technology Law, adopted by Chapter 442 of the Laws of
2005, effective December 7, 2005.
As used in this chapter, the following terms shall have the
following meanings:
BREACH OF THE SECURITY OF THE SYSTEM
A.
Unauthorized acquisition or acquisition without valid authorization
of computerized data which compromises the security, confidentiality
or integrity of personal information maintained by the County. Good
faith acquisition of personal information by an employee or agent
of the County for the purposes of the County is not a breach of the
security of the system, provided that the private information is not
used or subject to unauthorized disclosure.
B.
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 County may consider the
following factors, among others:
(1)
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
(2)
Indications that the information has been downloaded or copied;
or
(3)
Indications that the information was used by an unauthorized
person, such as fraudulent accounts opened or instances of identity
theft reported.
CONSUMER REPORTING AGENCY
Any person or entity 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.
COUNTY or COUNTY ENTITY
The County of Cayuga, New York, its agencies, boards, bureaus,
divisions, committees, commissions, councils, departments, public
authorities, public benefit corporations, offices or other governmental
entities performing a governmental or proprietary function for the
County of Cayuga. It shall not include Cayuga County Community College.
PRIVATE INFORMATION
A.
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 encrypted with an encryption
key that has also been acquired:
(2)
Driver's license number or nondriver identification card number;
or
(3)
Account number, credit or debit card number, in combination
with any required security code, access code, or password which would
permit access to an individual's financial account.
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 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:
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 County entity which
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 such notification
is kept by the County entity which notifies such affected persons;
or
D. Substitute notice, when the reasonable cost of providing notice as
above would exceed $2,500, or that the affected class of subject persons
exceeds 500, or the County entity does not have sufficient contact
information. Substitute notice shall consist of both of the following:
(1) Email notice when such County entity has email addresses for the
subject persons; and
(2) Conspicuous posting of the notice on the County's website page.
Regardless of the method by which notice is provided, such notice
shall include contact information for the County entity making the
notification and a description of the categories of information what
were, or are reasonably believed to have been, acquired by a person
or entity 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event that any New York residents are to be notified,
the County shall 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 such affected New York residents. In the event that more
than 500 New York residents are to be notified at one time, the County
shall also notify consumer reporting agencies as to the timing, content
and distribution of the notices. The consumer reporting agencies to
be so notified shall be those specified on a list be compiled and
maintained by the State Attorney General and made available to the
County upon request for same. Such notice shall be made without delaying
notice to such affected New York residents.