[HISTORY: Adopted by the Common Council of the City of Ithaca 4-5-2006 by Ord. No. 2006-9. Amendments noted where applicable.]
Public access to records — See Ch. 256.
This chapter shall be known and may be cited as the "Cyber Security Citizens' Notification Policy."
The policy set forth in this Chapter is intended to be consistent with the State Technology Law, § 208, as added by Chapters 442 and 491 of the Laws of 2005. This policy requires notification to affected New York residents and nonresidents. The City of Ithaca and New York State value the protection of private information of individuals. The City of Ithaca is required to notify an individual when there has been or is reasonably believed to have been a compromise of the individual's private information, in compliance with the applicable provisions of the State Technology Law and this policy.
As used in this chapter, the following terms shall have the meanings indicated:
- COMPROMISE OF PRIVATE INFORMATION
- The unauthorized acquisition of unencrypted computerized data containing private information from records maintained by the City of Ithaca.
- 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. (The State Attorney General is responsible for compiling a list of consumer reporting agencies and furnishing the list upon request to the City of Ithaca.)
- Any information created, stored (in temporary or permanent form), filed, produced or reproduced, regardless of the form or media. Data may include, but is not limited to personally identifying information, reports, files, folders, memoranda, statements, examinations, transcripts, images, communications, and electronic or hard copy.
- The representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by human or automated means.
- PERSONAL INFORMATION
- Any information concerning a natural person which, because of name, number, personal mark or other identifier, can be used to identify such natural person.
- 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:
- 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.
- Any nonmunicipal employee such as a contractor, vendor, consultant, intern, other municipality, etc.
The City of Ithaca, after consulting with the State's Office of Cyber Security and Critical Infrastructure Coordination (hereinafter "CSCIC") to determine the scope of the breach and restoration measures, shall notify an individual, as quickly as is practicable, when it has been determined that there has been, or is reasonably believed to have been, a compromise of that individual's private information through unauthorized disclosure.
If encrypted data is compromised along with the corresponding encryption key, the data is considered unencrypted and thus falls under the aforementioned notification requirements.
The notification required hereunder may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. In such case, notification will be delayed only as long as needed until it has been determined that such notification no longer compromises any such investigation.
The City of Ithaca shall notify the affected individual(s) by one of the following methods:
Written notice delivered to the individual or mailed or delivered to the individual's address of record;
Electronic notice, provided that the person to whom notice is required has expressly consented to receiving notice in electronic form and a log of each such notification is kept by the City of Ithaca, in such form;
Telephone notification, provided that a log of each such notification is kept by the City of Ithaca; or
Substitute notice, if the City of Ithaca demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of persons to be notified exceeds 500,000, or that the City of Ithaca does not have sufficient contact information for the affected person(s). The following, together, constitute sufficient substitute notice:
The City of Ithaca shall notify the CSCIC as to the timing, content and distribution of the notices and approximate number of affected persons.
The City of Ithaca shall notify the State Attorney General and the State Consumer Protection Board, whenever notification to a New York resident is necessary, as to the timing, content and distribution of the notices and approximate number of affected persons.
Regardless of the method by which notice is provided, the notice must include contact information for the City of Ithaca 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.
This policy also applies to information maintained on behalf of the City of Ithaca by a third party.
When more than 5,000 New York residents must be notified at one time, then in that case the City of Ithaca shall notify the consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. This notice shall be made without delaying notice to the affected individual(s).
The Mayor shall ensure that a written, city-wide protocol is established, which protocol shall stipulate how the notification requirements in this policy are to be implemented.