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HomeMy WebLinkAboutRESOLUTION - 14-11 - 4/12/2011 - IDENTITY PROTECTION POLICYRESOLUTION NO. 14-11 A RESOLUTION ADOPTING AN IDENTITY PROTECTION POLICY FOR THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the Identity Protection Act (5 ILCS 179/1 et seq.) requires that the corporate authorities of the Village of Elk Grove Village adopt an Identity Protection Policy to protect social security numbers from unauthorized use; and WHEREAS, to comply with the requirements of the Identity Protection Act, the Village has developed and desires to approve a policy to protect social security numbers from unauthorized use; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows: Section 1: That the purpose of this Resolution is to fully comply with the provisions of the Identity Protection Act, Public Act 96-874. . Section 2: There is hereby adopted and approved an Identity Protection Policy, which policy is attached hereto marked as Exhibit "A." Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 12"' day of April 2011. APPROVED this 12th day of April 2011. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk I dentity ProtectionPol icyRes Exhibit "A" VILLAGE OF ELK GROVE VILLAGE IDENTITY PROTECTION POLICY This policy is adopted pursuant to the Identity Protection Act (5 ILCS 179/1 el seg.) to protect social security numbers from unauthorized disclosure. PROHIBITED ACTS — The following acts are prohibited by law and as such are identified as prohibitive acts for any Village of Elk Grove Village employee: 1. Publicly post or publicly display or otherwise intentionally communicate or otherwise intentionally make available to the general public in any manner an individual's social security number. 2. Print an individual's social security number on any card required for the individual to access products or services provided by the Village of Elk Grove Village. 3. Require an individual to transmit his or her social security number on the Internet, unless the connection is secure or the social security number is encrypted. 4. Print an individual's social security number 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 social security number to be on the document to be mailed. Notwithstanding any provision in this section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Illinois Department of Revenue, and 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 social security number. A social security number that may permissibly be mailed under this section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope. A social security number may not be visible on or in an envelope until after the envelope has been opened. Collect, use, or disclose a social security number from an individual, unless: (i) required to do so under state or federal law, rules, or regulations, or the collection; use, or disclosure of the social security number is otherwise necessary for the performance of that agency's duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and Purpose. 6. Require an individual to use his or her sociall security number to access an Internet website. 7. Use the social security number for any purpose other than the purpose for which it was collected. 8. Encode or embed a social security number 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 social security number as required by this policy. EXCLUSIONS FROM PROHIBITED ACTS — The above listed prohibited acts do not apply in the following circumstances: 1. The disclosure of social security numbers 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 must first receive from the contractor or subcontractor a copy of the contractor's or subcontractor's policy that sets forth how the requirements imposed under the Identity Protection Act on a governmental entity to protect an individual's social security number will be achieved. 2. The disclosure of social security numbers pursuant to a court order, warrant, or subpoena 3. The collection, use, or disclosure of social security numbers 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 social security numbers for internal verification or administrative purposes. 5. The disclosure of social security numbers by a State agency to any entity for the collection of delinquent child support or of any State debt or to a government agency to assist with an investigation or the prevention of fraud. 6. The collection or use of social security numbers 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. FREEDOM OF INFORMATION REQUESTS — All employees must redact social security numbers from information or documents being supplied to the public pursuant to a Freedom of hiformation Act request before allowing the public inspection or copying of the information or documents. IDENTITY PROTECTION PROCEDURES — All Village of Elk Grove employees identified as having access to social security numbers in the course of performing their duties shall be trained to protect the confidentiality of social security numbers. The training shall include instructions on the proper handling of information that contains social security numbers from the time of collection through the destruction of the information as hereinafter set forth. Only employees who are required to use or handle information or documents that contain social security numbers will have access to such information or documents. Social Security numbers requested from an individual shall be requested in a manner that makes the social security number easily redacted if a document is required to be released as part of a Freedom of Information Act request. When requesting a social security number, or upon request by the individual providing their social security number, a statement of the purpose or purposes for which the Village of Elk Grove is requesting and using the social security number shall be provided to the individual. DISTRIBUTION OF POLICY — Each Elk Grove Village Employee will be advised of this policy. A written copy of this policy will be on file with each Department Head. A written copy of this policy will be on file in the Village Clerk's Office and will be available to any employee and any member of the public, upon request. RosldentityPmtectionPol icy Proper Handling of Social Security Numbers 1. All Social Security numbers must be kept confidential. 2. Social Security numbers cannot be made available to any unauthorized personnel. 3. Any documents containing a Social Security number must be kept in a secure location. 4. Any documents containing a Social Security number which need to be provided to authorized personnel of another department shall be provided in a confidential manner. Any documents required by law to be released per the Freedom of Information Act will have Social Security numbers redacted from the document. 6. Any documents containing a Social Security number, that have been approved by the State Archivist for destruction, will be destroyed in a maturer which will eliminate any future possibility of identity theft or fraudulent acts.