[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:
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)
(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:
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"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."
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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:
(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.
(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:
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:
The Illinois Identity Protection Act (5 ILCS 179/1 et seq.).
The City Council of the City of Columbia.
Any individual in the employ of the City.
This Identity Protection Policy.
To intentionally communicate or otherwise intentionally make
available to the general public.
To alter or truncate data so that no more than five sequential
digits of a SSN are accessible as part of personal information.
Any social security number provided to an individual by the
Social Security Administration.
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.
