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HomeMy WebLinkAboutRes 12-11 04/19/2011 Approving a Policy for the Collection, Use, Disclosure and Protection of Individuals' Social Security NumbersRESOLUTION NO. 12 -11 A RESOLUTION APPROVING A POLICY FOR THE COLLECTION, USE, DISCLOSURE AND PROTECTION OF INDIVIDUALS' SOCIAL SECURITY NUMBERS WHEREAS, the Identity Protection Act, 5 ILCS 179/1 et seq. (the "Act "), requires units of local government to adopt rules regarding the use individuals' social security numbers; and WHEREAS, the Act requires units of local government to adopt an identity protection policy, protecting social security number information, by June 1, 2011; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered an identity protection policy, addressing the use and protection of social security numbers, a copy of which is attached hereto and made a part hereof as EXHIBIT "A" (the "Policy "), and have determined that said Policy is in the best interests of the Village and complies with the aforementioned Act. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1 : The recitals set forth above are incorporated herein as if fully set forth. SECTION 2 : The Policy is hereby adopted and approved. The Village of Mount Prospect and all its officers and employees are subject to the provisions of the attached Policy, and shall follow and abide by the provisions thereof. SECTION 3 : The Village Clerk shall cause a copy of this Resolution and the attached Policy to be delivered to each officer and employee of the Village who is subject to the provisions of the Policy. SECTION 4 : This Resolution shall be in full force and effect from and after its adoption and approval as provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, and Zadel NAYS: None ABSENT: None PASSED and APPROVED this 19th day of April, 2011. ATTEST: fo M. is Angel Village Clerk I ana K. Wilks Mayor 266887_1 Village of Mount Prospect Identity Protection Policy With Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers This Village of Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers is intended to comply with the Illinois Identity Protection Act, 5 ICLS 179/1 et seq. 1. Definitions: A. "Policy" means this Village of Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers. B. "Act" means the Identity Protection Act, 5 ICLS 179/1 et seq., created by Public Act 96 -0874. C. "Village" means the Village of Mount Prospect, Cook County, Illinois. 2. Prohibited Activities: A. No officer or employee of the Village shall do any of the following: (1) 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. (3) Require an individual to transmit his or her social security number over 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 subsection 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 1 cAdocuments and settings \dstrahl \local settings \temporary internet files \content.outlook \ytgzbj5t \social security number confidentiality policy_4- 15- 11_ktj_wagner.doc A of the social security number. A social security number that may permissibly be mailed under this subsection may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope, or be visible on al i envelope without the - envelope having been opened. B. Except as otherwise provided in this Policy, no officer or employee of the Village shall do any of the following: (1) 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 officer's or employee's official 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. (2) Require an individual to use his or her social security number to access an Internet website. (3) Use the social security number of an individual 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 social security numbers to agents, employees, contractors or subcontractors of the Village, or disclosure to another governmental entity or its agents, employees, contractors or subcontractors, if disclosure is necessary in order for the Village to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the officer or employee of the Village 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 this Policy on the Village, 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. 2 cAdocuments and settings \dstrahl \local settings \temporary internet files\ content.outlook \ytgzbj5t\social security number confidentiality policy_4- 15- 11_ktj_wagner.doc (3) Tlie collection, use or disclosure of social security numbers in order . to the safety of: (i) Village employees; (ii) persons committed to correctional facilities, local jails and other law- enforcement facilities or retention centers; (iii) wards of the State; and (iv) all persons working in or visiting a Village facility. (4) The collection, use or disclosure of social security numbers for internal verification or administrative purposes. (5) 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. D. Any previously adopted standards of the Village, for the collection, use or disclosure of social security numbers, that are stricter than the standards under this Policy with respect to the protection of those social security numbers, shall, in the event of any conflict with the provisions of this Policy, control. 3. Public Inspection and Copying of Documents: Notwithstanding any other provision of this Policy to the contrary, all officers and employees of the Village must comply with the provisions of 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 social security number. All officers and employees of the Village must redact social security numbers from the information or documents before allowing the public inspection or copying of the information or documents, as such information is exempt from disclosure under the Freedom of Information Act, pursuant to 5 ILCS 140/7(1)(b) as "private information, " as defined by 5 ILCS 140/2(c -5). 4. Applicability: A. This Policy does not apply to the collection, use or disclosure of a social security number as required by State or federal law, rule or regulation. 3 cAdocuments and settings \dstrahl \local settings \temporary internet files \content.outlook \ytgzbj5t \social security number confidentiality policy_4- 15- 1 1_ktj_wagner.doc B. This Policy does not apply to documents that are required to be open to the public under any State or federal law, rule or regulation, applicable case law, Supreme Court Rule or the Constitution of the State of Illinois. 5. Compliance with Federal Law: If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the Village's compliance with said program shall not be deemed a violation of this Policy or the Act. 6. Embedded Social Security Numbers: No officer or employee of the Village may 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. 7. Identity- Protection Requirements: A. All officers and employees of the Village, identified as having access to social security numbers in the course of performing their duties, shall receive training in regard to protecting the confidentiality of social security numbers. Said 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. B. Only officers and employees of the Village who are required to use or handle information or documents that contain social security numbers shall have access to such information or documents. C. Social security numbers requested from an individual shall be provided in a manner that makes the social security number easily redacted if required to be released as part of a public records request. D. When collecting a social security number, or upon request by the individual providing the social security number, a statement of the purpose or purposes for which the Village is collecting and using the social security number shall be provided. The format for such statement of purpose is attached as Attachment 1 to this Policy. E. A written copy of this Policy and any amendments thereto, shall be filed with the Village Board within thirty (30) days after approval of this Policy or any amendments thereto. F. The Village Manager shall make sure that all officers and employees of the Village are aware of the existence of this Policy, and shall make a copy of this Policy available to each officer and employee. If the Village amends this Policy, then the Village Manager shall advise all officers and 4 cAdocuments and settings \dstrahl \local settings \temporary internet files \con tent. oAook \ytgzbj5t \social security number confidentiality policy_4- 15- 1 1_ktj_wagner.doc employees of the Village of the existence of the amended Policy, and shall make a copy o¢. the. amended Policy available to each officer and employee of the Village: G. The Village shall make this Policy available to any member of the public, upon request. 8. Violation: Any person who intentionally violates the prohibitions in Section 10 of the Act (which are set forth in Sections 2.A. and 2.13. of this Policy) shall, pursuant to the Act, be guilty of a Class B misdemeanor. 9. This Policy does not supersede any more restrictive law, rule or regulation regarding the collection, use or disclosure of social security numbers. 5 cAdocuments and settings \dstrahl \local settings \temporary internet files \content. out] ook \ytgzbj5t \social security number confidentiality policy_4- 15- 1 1_ktj_wagner.doc ATTACHMENT 1 STATEMENT OF PURPOSE(S) FOR WHICH THE OF MOUNT PROSPECT IS COLLECTING AND USING A SOCIAL SECURITY NUMBER What does the Village of Mount Prospect do with your Social Security Number? The Illinois Identity Protection Act, 5 ILCS 179/1 et seq., requires each local and State government agency to draft, approve, and implement an Identity Protection Policy. In accordance with that Policy, the Village is providing you with this statement of purpose for which it is collecting and using your Social Security number (SSN), because you have been requested to provide your SSN or because you requested a copy of this statement. Why do we collect your Social Security number? You are being asked for your SSN for one or more of the following reasons: [ IDENTIFY THE SPECIFIC PURPOSES] ❑ Complaint mediation or investigation; ❑ Vendor services, such as executing contracts and /or billing; ❑ Law enforcement investigation; ❑ Child support collection; ❑ Internal verification; ❑ Administrative services; and /or ❑ Other: What do we do with your Social Security number? We will only use your SSN for the purpose for which it was collected. We will not: • Sell, lease, loan, trade, or rent your SSN to a third party for any purpose; • Publicly post or publicly display your SSN; • Print your SSN on any card required for you to access our services; • Require you to transmit your SSN over the Internet, unless the connection is secure or your SSN is encrypted; or • Print your SSN on any materials that are mailed to you, unless State or Federal law requires that number to be on documents mailed to you, or unless we are confirming the accuracy of your SSN. Questions or Complaints about this Statement of Purpose Write to: Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 1 cAdocuments and settings \dstrahl \local settings \temporary internet files \content.outlook \ytgzbj5t \social security number confidentiality policy_4- 15- 1 1_ktj_wagner.doc READ CAREFULLY BEFORE SIGNING ACKNOWLEDGMENT OF RECEIPT OF VILLAGE OF MOUNT PROSPECT IDENTITY PROTECTION POLICY 1. This is to certify that I have received a copy of the Village of Mount Prospect Identity Protection Policy With Regard To The Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers (the "Policy "), as adopted by the Village of Mount Prospect President and Board of Trustees. 2. I acknowledge that it is my responsibility to read it and become familiar with its rules, policies and procedures governing the disclosure and protection of individuals' social security numbers. 3. I agree that I will comply with the rules, policies, and procedures therein described, and any revisions thereto, and I understand that my failure to do so may lead to disciplinary action being taken against me, including termination of my employment with the Village. 4. I acknowledge that I have been given ample opportunity to review the contents of this Policy. I understand that I should discuss the contents of the Policy with my supervisor or the head of my department regarding any questions not answered in the Policy SIGNATURE OF EMPLOYEES DATE Witness: NAME AND JOB TITLE DATE cAdocuments and settings \dstrahl \local settings \temporary internet files\ content.outlook \ytgzbj5t\social security number policy acknowledgement form _ kg_4 -15 -1 l .doc