City of Columbia, IL
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Columbia as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-2008 by Ord. No. 2684 (Ch. 3.44 of the 1997 Code)]
This article shall be known as the "Identity Theft Prevention Program."
A. 
The City adopts this sensitive information policy to help protect employees, customers, contractors and the City from damages related to the loss or misuse of sensitive information. This program will:
(1) 
Define sensitive information;
(2) 
Describe the physical security of data when it is printed on paper;
(3) 
Describe the electronic security of data when stored and distributed; and
(4) 
Place the City in compliance with state and federal law regarding identity theft protection.
B. 
This program enables the City to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the City from fraudulent new accounts. The program will help the City:
(1) 
Identify risks that signify potentially fraudulent activity within new or existing covered accounts;
(2) 
Detect risks when they occur in covered accounts;
(3) 
Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and
(4) 
Update the program periodically, including reviewing the accounts that are covered and the identified risks that are part of the program.
This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers employed by the City, including all personnel affiliated with third parties.
A. 
Definition of sensitive information.
(1) 
Sensitive information includes the following items, whether stored in electronic or printed format:
(a) 
Credit card information, including any of the following:
[1] 
Credit card number (in part or whole).
[2] 
Credit card expiration date.
[3] 
Cardholder name.
[4] 
Cardholder address.
(b) 
Tax identification numbers, including:
[1] 
Social Security number.
[2] 
Business identification number.
[3] 
Employer identification numbers.
(c) 
Payroll information, including, among other information:
[1] 
Paychecks.
[2] 
Pay stubs.
(d) 
Medical information for any employee or customer, including but not limited to:
[1] 
Doctor names and claims.
[2] 
Insurance claims.
[3] 
Prescriptions.
[4] 
Any related personal medical information.
(e) 
Other personal information belonging to any customer, employee or contractor, examples of which include:
[1] 
Date of birth.
[2] 
Address.
[3] 
Phone numbers.
[4] 
Maiden name.
[5] 
Names.
[6] 
Customer number.
(2) 
Municipal personnel are encouraged to use common-sense judgment in securing confidential information to the proper extent. Furthermore, this section should be read in conjunction with the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) and the City's open records policy. If an employee is uncertain of the sensitivity of a particular piece of information, he or she should contact their supervisor. In the event that the City cannot resolve a conflict between this policy and the Illinois Freedom of Information Act, the City will contact the City Attorney for advice regarding the resolution of the conflict.
B. 
Hard copy distribution. Each employee and contract performing work for the City will comply with the following policies:
(1) 
File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use.
(2) 
Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday and when unsupervised.
(3) 
Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use.
(4) 
Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas will be erased, removed, or shredded when not in use.
(5) 
When documents containing sensitive information are discarded, they will be immediately shredded using a City-approved shredding device. Locked shred binds shall be labeled "confidential paper shredding and recycling." Municipal records, however, may only be destroyed in accordance with the City's records retention policy.
C. 
Electronic distribution. Each employee and contractor performing work for the City will comply with the following policies:
(1) 
Internally, sensitive information may be transmitted using approved municipal email. All sensitive information must be encrypted when stored in an electronic format.
(2) 
Any sensitive information sent externally must be encrypted and password protected and sent only to approved recipients. Additionally, a statement such as this should be included in the e-mail:
"This message may contain confidential and/or proprietary information and is intended for the person/entity to which it was originally addressed. Any use by others is strictly prohibited."
A. 
Covered accounts. A covered account includes any account that involves or is designed to permit multiple payments or transactions. Every new and existing customer account that meets the following criteria is covered by this program:
(1) 
Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft; or
(2) 
Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety or soundness of the City from identity theft, including financial, operational, compliance, reputation, or litigation risks.
B. 
Red flags.
(1) 
The following red flags are potential indicators of fraud. Any time a red flag, or a situation closely resembling a red flag, is apparent, it should be investigated for verification.
(a) 
Alerts, notifications, or warnings from a consumer reporting agency;
(b) 
A fraud or active duty alert included with a consumer report;
(c) 
A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or
(d) 
A notice of address discrepancy from a consumer reporting agency as defined in paragraph 334.82(b) of the Fair and Accurate Credit Transactions Act.
(2) 
Red flags also include consumer reports that indicate a pattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
(a) 
A recent and significant increase in the volume of inquiries;
(b) 
An unusual number of recently established credit relationships;
(c) 
A material change in the use of credit, especially with respect to recently established credit relationships; or
(d) 
An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
C. 
Suspicious documents. Suspicious documents shall include the following documents:
(1) 
Documents provided for identification that appear to have been altered or forged.
(2) 
The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
(3) 
Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
(4) 
Other information on the identification is not consistent with readily accessible information that is on file with the City, such as a signature card or a recent check.
(5) 
An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.
D. 
Suspicious personal identifying information. Suspicious personal identification information shall include the following:
(1) 
Personal identifying information when that provided is inconsistent when compared against external information sources used by the City. For example:
(a) 
The address does not match any address in the consumer report;
(b) 
The social security number (SSN) has not been issued or is listed on the Social Security Administration's Death Master File; or
(c) 
Personal identifying information provided by the customer is not consistent with the other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.
(2) 
Personal identifying information when that provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the City. For example, the address on an application is the same as the address provided on a fraudulent application.
(3) 
Personal identifying information when that provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the City. For example:
(a) 
The address on an application is fictitious, a mail drop, or a prison; or
(b) 
The phone number is invalid or is associated with a pager or answering service.
(4) 
The SSN provided is the same as that submitted by other persons opening an account or other customers.
(5) 
The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other customers or other persons opening accounts.
(6) 
The customer or the person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
(7) 
Personal identifying information when that provided is not consistent with personal identifying information that is on file with the City.
(8) 
When using security questions (mother's maiden name, pet's name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
E. 
Unusual use of, or suspicious activity related to, the covered account. Unusual use of or suspicious activity relating to a covered account shall include the following:
(1) 
Shortly following the notice of a change of address for a covered account, the City receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account.
(2) 
A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example, the customer fails to make the first payment or makes an initial payment but no subsequent payments.
(3) 
A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example:
(a) 
Nonpayment when there is no history of late or missed payments.
(b) 
A material change in purchasing or usage patterns.
(4) 
A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
(5) 
Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's covered account.
(6) 
The City is notified that the customer is not receiving paper account statements.
(7) 
The City is notified of unauthorized charges or transactions in connection with a customer's covered account.
(8) 
The City receives notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the City.
(9) 
The City is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.
A. 
Once potentially fraudulent activity is detected, an employee must act quickly as a rapid appropriate response can protect customers and the City from damages and loss.
(1) 
Once potentially fraudulent activity is detected, the employee shall gather all related documentation and write a description of the situation. The employee shall present this information to the designated authority for determination.
(2) 
The designated authority will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic.
B. 
If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include:
(1) 
Canceling the transaction;
(2) 
Notifying and cooperating with appropriate law enforcement authorities;
(3) 
Determining the extent of liability of the City; and
(4) 
Notifying the actual customer that fraud has been attempted.
The following shall be done and performed with regard to updating the plan:
A. 
At periodic intervals established in the program, or as required by the City Council, the program will be reevaluated to determine whether all aspects of the program are up to date and applicable in the current business environment.
B. 
Periodic reviews will include an assessment of which accounts are covered by the program.
C. 
As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate.
D. 
Actions to take in the event that fraudulent activity is discovered may also require revision to reduce damage to the City and its customers.
A. 
Involvement of management.
(1) 
The Identity Theft Prevention Program shall not be operated as an extension to existing fraud prevention programs, and its importance warrants the highest level of attention.
(2) 
The Identity Theft Prevention Program is the responsibility of the City Council. Approval of the initial plan must be appropriately documented and maintained.
(3) 
Operational responsibility of the program is delegated to the City Accounting Manager.
B. 
Staff training.
(1) 
Staff training shall be conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may constitute a risk to the City or its customers.
(2) 
The City Accounting Manager is responsible for ensuring identity theft training for all requisite employees and contractors.
(3) 
Employees must receive annual training in all elements of this policy.
(4) 
To ensure maximum effectiveness, employees may continue to receive additional training as changes to the program are made.
C. 
Oversight of service provider arrangements.
(1) 
It is the responsibility of the City to ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
(2) 
A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements.
(3) 
Any specific requirements should be specifically addressed in the appropriate contract arrangements.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This Identity Protection Policy is adopted pursuant to the Illinois Identity Protection Act (5 ILCS 179/1 et seq.). The Identity Protection Act requires local government entities, including the City of Columbia, to have in place by June 1, 2011, an Identity Protection Policy to ensure the confidentiality and integrity of social security numbers (SSNs) that the City collects, maintains, and uses. It is important to safeguard SSNs against unauthorized access because SSNs can be used to facilitate identity theft. One way to better protect SSNs is to limit the widespread dissemination of those numbers. The Identity Protection Act was passed by the Illinois General Assembly in part to require the City and other local and state government agencies to assess their personal information collection practices and make necessary changes to those practices to ensure confidentiality. All City officers, employees, and agents shall comply with the Identity Protection Act and this policy at all times.
As used in this article, the following terms shall have the meanings indicated:
ACT
The Illinois Identity Protection Act (5 ILCS 179/1 et seq.).
COUNCIL
The City Council of the City of Columbia.
EMPLOYEE
Any individual in the employ of the City.
POLICY
This Identity Protection Policy.
PUBLICLY POST or PUBLICLY DISPLAY
To intentionally communicate or otherwise intentionally make available to the general public.
REDACT
To alter or truncate data so that no more than five sequential digits of a SSN are accessible as part of personal information.
SSN(S)
Any social security number provided to an individual by the Social Security Administration.
STATEMENT OF PURPOSE
A document stating the purpose or purposes for which the City is collecting and using an individual's SSN. The City Administrator or his or her designee is authorized to establish or modify one or more statements of purpose from time to time that comply with this policy.
Any time the City collects an individual's SSN, or at any other time upon request of the individual, the City shall provide the individual with a statement of purpose.
A. 
Neither the City nor any employee may:
(1) 
Publicly post or publicly display in any manner an individual's SSN.
(2) 
Print an individual's SSN on any card required for the individual to access products or services provided by the person or entity.
(3) 
Require an individual to transmit a SSN over the internet unless the connection is secure or the SSN is encrypted.
(4) 
Print an individual's SSN on any materials that are mailed to the individual, through the U.S. Postal Service, any private mail service, electronic mail, or any similar method of delivery, unless state or federal law requires the SSN to be on the document to be mailed. Notwithstanding the foregoing, SSNs may be included in applications and forms sent by mail, including, but not limited to: a) any material mailed in connection with the administration of the Unemployment Insurance Act; b) any material mailed in connection with any tax administered by the Department of Revenue; and c) documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the SSN. A SSN that is permissibly mailed pursuant to this subsection will not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope without the envelope having been opened.
B. 
Except as otherwise provided in Subsection C below or unless otherwise provided in the Act, neither the City nor any employee may:
(1) 
Collect, use, or disclose a SSN from an individual, unless:
(a) 
Required to do so under state or federal law, rules, or regulations, or the collection, use, or disclosure of the SSN is otherwise necessary for the performance of the City's duties and responsibilities;
(b) 
The need and purpose for the SSN is documented before collection of the SSN; and
(c) 
The SSN collected is relevant to the documented need and purpose.
(2) 
Require an individual to use his or her SSN to access an internet website.
(3) 
Use the SSN for any purpose other than the purpose for which it was collected.
C. 
The prohibitions in Subsection B above do not apply in the following circumstances:
(1) 
The disclosure of SSNs to agents, employees, contractors, or subcontractors of a governmental entity or disclosure by a governmental entity to another governmental entity or its agents, employees, contractors, or subcontractors if disclosure is necessary in order for the entity to perform its duties and responsibilities; and if disclosing to a contractor or subcontractor, prior to such disclosure, the governmental entity first receives from the contractor or subcontractor a copy of the contractor's or subcontractor's policy that sets forth how the requirements imposed under this Act on a governmental entity to protect an individual's SSN will be achieved.
(2) 
The disclosure of SSNs pursuant to a court order, warrant, or subpoena.
(3) 
The collection, use, or disclosure of SSNs in order to ensure the safety of state and local government employees; persons committed to correctional facilities, local jails, and other law-enforcement facilities or retention centers; wards of the state; and all persons working in or visiting a state or local government agency facility.
(4) 
The collection, use, or disclosure of SSNs for internal verification or administrative purposes.
(5) 
The disclosure of SSNs by a state agency to the City for the collection of delinquent child support or of any state debt or to the City to assist with an investigation or the prevention of fraud.
(6) 
The collection or use of SSNs to investigate or prevent fraud, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative, or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit.
The City shall comply with the provisions of the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) and any other state law with respect to allowing the public inspection and copying of information or documents containing all or any portion of an individual's SSN. However, the City shall redact SSNs from the information or documents before allowing the public inspection or copying of the information or documents. When collecting SSNs, the City shall request each SSN in a manner that makes the SSN easy to redact if required to be released as part of a public records request.
Only employees who are required to use or handle information or documents that contain SSNs in the course of performing their duties will have access to such information and documents. All employees who have access to SSNs shall first be trained to protect the confidentiality of SSNs. The training will include instructions on the proper handling of information that contains SSNs from the time of collection through destruction of the information.
Neither the City nor any employee shall encode or embed a SSN in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology, or other technology, in place of removing the SSN as required by the Act and this policy.
A. 
If any provision of this policy conflicts with any provision of the Act, the more restrictive provision shall prevail.
B. 
This policy does not apply to:
(1) 
The collection, use, or disclosure of a SSN as required by state or federal law, rule, or regulation; or
(2) 
Documents that are recorded with a county recorder or required to be open to the public under a state or federal law, rule, or regulation, applicable case law, Supreme Court rule, or the Constitution of the State of Illinois; provided, however, that the City shall redact the SSN from such document if such law, rule, or regulation permits.
All City employees shall be advised of the existence of this policy. City employees who are required to use or handle information or documents that contain SSNs shall be provided a copy of this policy, which each shall maintain at all times. The City shall maintain on file a written copy of this policy which is available to all employees and any member of the public by requesting a copy from the City Administrator.
This policy may be amended by the City Council at any time. If the policy is amended, the City Council shall advise all employees of the existence of the amended policy. A copy of the amended policy will be made available to employees and the public as set forth § 53-2.9 above.