[HISTORY: Adopted by the Town Board of the Town of Dryden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-2006 by L.L. No. 1-2006]
This article is adopted to comply with the requirements of State
Technology Law § 208 which became effective December 7,
2005.
As used in this article, the following terms shall have the
following meanings:
Unauthorized acquisition or acquisition without valid authorization
of computerized data which compromises the security, confidentiality,
integrity or personal information maintained by the Town. Good faith
acquisition of personal information by an employee or agent of Town
for the purposes of the Town is not a breach of the security of the
system, provided that the private information is not used or subject
to unauthorized 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 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 such consumer reporting agencies is compiled by the state attorney
general.
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;
"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 Town of Dryden, Tompkins County, New York, and any board,
bureau, division, committee, commission, council, department, office
or other entity performing a governmental or proprietary function
of the Town, except judiciary of the Town.
When the Town owns or licenses computerized data that includes private information, it 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 § 56-5 of this article, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
When 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.
The 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.
The notice required by this section 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
expressly consented to receiving said notice in electronic form and
a log of each such notification is kept by the Town when it 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 Town when it notifies affected persons; or
Regardless of the method by which notice is provided, such notice
shall include contact information for the Town and the name of the
person making the notification 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 and private information
were, or are reasonably believed to have been, so acquired.
A.
In the event that any New York residents are to be notified, the
Town shall notify the state attorney general, the consumer protection
board, and the state officer of cyber security and critical infrastructure
coordination as to the timing, content and distribution of the notices
and approximate number of affected persons. Such notices shall be
made without delaying notice to affected New York residents.
B.
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 approximate
number of affected persons. Such notice shall be made without delaying
notice to affected New York residents.
This article shall take effect upon filing with the Secretary
of State.
[Adopted 12-10-2008 by L.L. No. 6-2008]
This article may be cited as the "Supplemental Mailings with
Tax Bills Authorization Local Law."
The Town Board of the Town of Dryden adopts this article to
promote the effective and efficient dissemination of information about
changes in Town government, Town government operations and other general
worthwhile information.
The Town Board of the Town of Dryden enacts this article under
the authority granted by:
A.
New York State Constitution, Article IX, § 2(c)(10).
B.
New York Statute of Local Governments, § 10, Subdivision
1.
C.
New York Municipal Home Rule Law, § 10, Subdivision 1(i)
and (ii) and (12), and (14).
D.
The supersession authority of New York Municipal Home Rule Law, § 10(1)(ii)d(3),
specifically as it relates to what materials may be included with
tax bills mailed to Town of Dryden taxpayers under this article, to
the extent such grant of power is different than under Tax Law § 1826.
E.
New York Town Law § 64, Subdivision 23 (General powers).
The Town Board of the Town of Dryden finds and declares that:
A.
The Town is required to mail to Town taxpayers their tax bills. Tax
Law § 1826 prohibits the mailing with the tax bills of any
notice, circular, pamphlet, card, hand bill, printed or written notice
of any kind other than which is authorized by law.
B.
There are potential savings to taxpayers if certain items or information
can be included with and mailed with tax bills. The inclusion of items
or information with tax bills will save the postage, staff time and
the expense of a separate mailing of such items or information. Tax
bill mailings reach a large percentage of Town residents.
It shall be permissible for the following materials to be included
with tax bills:
A.
Items and information relating to changes in Town government, including
elected and appointed officials;
B.
Items and information relating to administration of Town government,
government operations and changes thereof and therein; and
C.
Such other information as determined by the Town Board to be worthwhile
to residents.
Under no circumstances shall it be permissible to include advertisements
or political propaganda with tax bills.
No person shall mail any item or information with any tax bill
without the prior approval of the Town Board. Such approval shall
be by resolution and a copy of such item or information shall be included
in or attached to such resolution.
To the extent this article conflicts with any provision of Tax
Law § 1826, the provisions of this article shall control,
it being the intent of this article to supersede such inconsistent
provision.
This article shall take effect immediately upon filing with
the New York State Secretary of State and shall apply to all tax bills
mailed for payment in 2009 and thereafter.
