[HISTORY: Adopted by the Cayuga County Legislature 8-28-2007 by L.L. No. 6-2007. Amendments noted where applicable.]
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:
(1) 
Social security number;
(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.
A. 
Any County entity that owns or licenses computerized data that includes private information 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 Subsection B of this section, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Such County entity shall consult with the County Information Technology Department for the purpose of determining the scope of the breach and restoration measures.
B. 
Any County entity that maintains computerized data that includes private information which such entity does not own shall notify the owner or licensee of such 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 chapter shall be directly provided to the affected persons by one of the following methods:
A. 
Written notice;
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.