To establish an identity theft prevention program designed to
detect, prevent and mitigate identity theft in connection with the
opening of a covered account or an existing covered account and to
provide for continued administration of the program in compliance
with part 681 of title 16 of the Code of Federal Regulations implementing
sections 114 and 315 of the Fair and Accurate Credit Transactions
Act (FACTA) of 2003.
(1999 Code, sec. 11.1401)
Covered account.
(1)
An account that a financial institution or creditor offers or
maintains primarily for personal, family or household purposes that
involves or is designed to permit multiple payments or transactions.
Covered account includes credit card accounts, mortgage loans, automobile
loans, margin accounts, cell phone accounts, utility accounts, checking
accounts and savings accounts; and
(2)
Any other account that the financial institution or creditor
offers or maintains for which there is a reasonably foreseeable risk
to customers or to the safety and soundness of the financial institution
or creditor from identity theft, including financial, operational,
compliance, reputation or litigation risks.
Identity theft.
Fraud committed or attempted using the identifying information
of another person without authority.
Red flag.
A pattern, practice or specific activity that indicates the
possible existence of identity theft.
(1999 Code, sec. 11.1402)
(a) The city establishes an identity theft prevention program to detect,
prevent and mitigate identity theft. The program shall include reasonable
policies and procedures to:
(1) Identify relevant red flags for covered accounts it offers or maintains
and incorporate those red flags into the program;
(2) Detect red flags that have been incorporated into the program;
(3) Respond appropriately to any red flags that are detected to prevent
and mitigate identity theft; and
(4) Ensure the program is updated periodically to reflect changes in
risks to customers and to the safety and soundness of the creditor
from identity theft.
(b) The program shall, as appropriate, incorporate existing policies
and procedures that control reasonably foreseeable risks.
(1999 Code, sec. 11.1403)
(a) The city (the utility's governing body, an appropriate committee
of the governing body or a designated employee at the level of senior
management) shall be responsible for the development, implementation,
oversight and continued administration of the program.
(b) The program shall train staff, as necessary, to effectively implement
the program; and
(c) The program shall exercise appropriate and effective oversight of
service provider arrangements.
(1999 Code, sec. 11.1404)
(a) The program shall include relevant red flags from the following categories
as appropriate:
(1) Alerts, notifications or other warnings received from consumer reporting
agencies or service providers, such as fraud detection services;
(2) The presentation of suspicious documents;
(3) The presentation of suspicious personal identifying information;
(4) The unusual use of, or other suspicious activity related to, a covered
account; and
(5) Notice from customers, victims of identity theft, law enforcement
authorities, or other persons regarding possible identify theft in
connection with covered accounts.
(b) The program shall consider the following risk factors in identifying
relevant red flags for covered accounts as appropriate:
(1) The types of covered accounts offered or maintained;
(2) The methods provided to open covered accounts;
(3) The methods provided to access covered accounts; and
(4) Its previous experience with identity theft.
(c) The program shall incorporate relevant red flags from sources such
as:
(1) Incidents of identity theft previously experienced;
(2) Methods of identity theft that reflect changes in risk; and
(3) Applicable supervisory guidance.
(1999 Code, sec. 11.1405)
The program shall address the detection of red flags in connection
with the opening of covered accounts and existing covered accounts,
such as by:
(1) Obtaining identifying information about, and verifying the identity
of, a person opening a covered account; and
(2) Authenticating customers, monitoring transactions, and verifying
the validity of change of address requests in the case of existing
covered accounts.
(1999 Code, sec. 11.1406)
The program shall provide for appropriate responses to detected
red flags to prevent and mitigate identity theft. The response shall
be commensurate with the degree of risk posed. Appropriate responses
may include:
(1) Monitor a covered account for evidence of identity theft;
(3) Change any passwords, security codes or other security devices that
permit access to a covered account;
(4) Reopen a covered account with a new account number;
(5) Not open a new covered account;
(6) Close an existing covered account;
(7) Notify law enforcement; or
(8) Determine no response is warranted under the particular circumstances.
(1999 Code, sec. 11.1407)
The program shall be updated periodically to reflect changes
in risks to customers or to the safety and soundness of the organization
from identity theft based on factors such as:
(1) The experiences of the organization with identity theft;
(2) Changes in methods of identity theft;
(3) Changes in methods to detect, prevent and mitigate identity theft;
(4) Changes in the types of accounts that the organization offers or
maintains;
(5) Changes in the business arrangements of the organization, including
mergers, acquisitions, alliances, joint ventures and service provider
arrangements.
(1999 Code, sec. 11.1408)
(a) Oversight of the program shall include:
(1) Assignment of specific responsibility for implementation of the program;
(2) Review of reports prepared by staff regarding compliance; and
(3) Approval of material changes to the program as necessary to address
changing risks of identity theft.
(b) Reports shall be prepared as follows:
(1) Staff responsible for development, implementation and administration
of the program shall report to the city finance director at least
annually on compliance by the organization with the program.
(2) The report shall address material matters related to the program
and evaluate issues such as:
(A) The effectiveness of the policies and procedures in addressing the
risk of identity theft in connection with the opening of covered accounts
and with respect to existing covered accounts;
(B) Service provider agreements;
(C) Significant incidents involving identity theft and management's response;
and
(D) Recommendations for material change to the program.
(1999 Code, sec. 11.1409)
The organization (utility) shall take steps to ensure that the
activity of a service provider is conducted in accordance with reasonable
policies and procedures designed to detect, prevent and mitigate the
risk of identity theft whenever the organization engages a service
provider to perform an activity in connection with one or more covered
accounts.
(1999 Code, sec. 11.1410)