HomeMy WebLinkAboutLL 13 of 2006 Notify Info Security Breach.doc
TOWN OF ITHACA
LOCAL LAW NO. 13 OF THE YEAR 2006
A LOCAL LAW ADDING CHAPTER 51 TO THE TOWN OF ITHACA CODE,
TITLED “NOTIFICATION OF INFORMATION SECURITY BREACHES”
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Town of Ithaca Code is hereby amended by adding Chapter
51, titled “Notification of Information Security Breaches,” reading as follows:
CHAPTER 51
NOTIFICATION OF INFORMATION SECURITY BREACHES
§ 51-1. Definitions.
§ 51-2. Notification of breach.
§ 51-3. Notification to owners and licensees of information.
§ 51-4. Delay for law enforcement purposes.
§ 51-5. Notification methods.
§ 51-6. Notification content.
§ 51-7. Notification to State.
§ 51-1. Definitions.
As used in this chapter, the following terms shall have the following meanings:
“PERSONAL INFORMATION” shall mean any information concerning a natural
person, which, because of name, number, personal mark, or other identifier, can
be used to identify such natural person.
“PRIVATE INFORMATION” shall mean 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:
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A. Social security number.
B. Driver’s license number or non-driver identification card number.
C. Account number, credit or debit card number, in combination with any
required security code, access code, or password which would permit
access to an individual’s financial account.
“Private information” does not include publicly available information that is
lawfully made available to the general public from federal, state, or local
government records.
“BREACH OF THE SECURITY OF THE SYSTEM” shall mean unauthorized
acquisition or acquisition without valid authorization of computerized data which
compromises the security, confidentiality, or integrity of personal information
maintained by the Town. Good faith acquisition of personal information by an
employee or agent of the 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:
A. 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.
B. Indications that the information has been downloaded or copied.
C. Indications that the information was used by an unauthorized person, such
as fraudulent accounts opened or instances of identity theft reported.
“TOWN” shall mean the Town of Ithaca, New York, except the judiciary of the
Town.
“CONSUMER REPORTING AGENCY” shall mean 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.
A list of such consumer reporting agencies is compiled by the State Attorney
General and furnished upon request to the Town when it is required to make a
notification under § 51-2.
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§ 51-2. Notification of breach.
If 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 § 51-4, or any measures
necessary to determine the scope of the breach and restore the reasonable integrity
of the data system. The Town shall consult with the State Office of Cyber
Security and Critical Infrastructure Coordination to determine the scope of the
breach and restoration measures.
§ 51-3. Notification to owners and licensees of information.
If 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.
§ 51-4. Delay for law enforcement purposes.
The notification required by this chapter may be delayed if a law enforcement
agency determines that such notification impedes a criminal investigation. The
notification required by this chapter shall be made after such law enforcement
agency determines that such notification does not compromise such investigation.
§ 51-5. Notification methods.
The notice required by this chapter 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 has
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.
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D. Substitute notice, if the cost of providing notice would exceed five
hundred dollars, or the affected class of subject persons to be notified
exceeds one thousand, or the Town does not have sufficient contact
information. Substitute notice shall consist of all of the following:
(1) E-mail notice when the Town has an e-mail address for the subject
persons;
(2) Conspicuous posting of the notice on the Town’s web site page, if
the Town maintains one; and
(3) Notification to local and major statewide media.
§ 51-6. Notification content.
Regardless of the method by which notice is provided, such notice shall include
contact information for the Town, including 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.
§ 51-7. Notification to State.
A. In the event that any New York residents are to be notified, the Town shall
notify the State Attorney General, the State 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 five thousand 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.
Section 2. If any provision of this local law is found invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law, which shall remain in full force and effect.
Section 3. This local law shall take effect immediately upon filing with the
Secretary of State of the State of New York.
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