HomeMy WebLinkAboutRes 32-12 07/17/2012 Approving the VOMP Identity Protection PolicyRESOLUTION NO. 32-12
A RESOLUTION APPROVING THE VILLAGE OF MOUNT PROSPECT
IDENTITY PROTECTION POLICY WITH REGARD TO THE
COLLECTION, USE, DISCLOSURE AND PROTECTION
OF INDIVIDUALS' SOCIAL SECURITY NUMBERS
AMENDED JULY 17, 2012
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, pursuant to the "Act," the President and Board of Trustees of the Village of Mount Prospect
adopted an identity protection policy, addressing the use and protection of social security numbers on
April 19, 2011; Resolution No. 12 -11.
WHEREAS, the Identity Protection Policy adopted by RES 12 -11 has been amended in accordance with
recent rulings by the 7th Circuit of Appeals and the January 1, 2012 renumbering of the "Act" by the Illinois
Supreme Court; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the
amended 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 "Amended Policy "), and have
determined that said amended 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 Amended 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 Amended Policy to
be delivered to each officer and employee of the Village who is subject to the provisions of the Amended
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
NAYS: None
ABSENT: Zadel
PASSED and APPROVED this 17 day of July, 2012.
ATTEST:
M. Lisa ngeII
Village Clerk
Mayor
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Village of Mount Prospect Identity Protection Policy
With Regard to the Collection, Use, Disclosure and
Protection of Individuals' Social Security Numbers
Amended July 17, 2012
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
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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 an 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.
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(3) The collection, use or disclosure of social security numbers in order
to ensure 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.
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.
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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. Statement of Purpose
1. 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.
2. The statement of purpose shall also inform the individual whether
disclosure is mandatory or voluntary, and by what statutory or other
authority the social security number is solicited, as required by the
federal Privacy Act of 1974, 5 USC 552(a).
3. The format for such statement of purpose is attached as Attachment 1
to this Policy.
E. The federal Privacy Act also prohibits the Village from denying an
individual any right, benefit, or privilege provided by law because the
individual refuses to disclose his /her social security account number,
unless required by federal statute or the disclosure is to a local agency
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maintaining a system of records in existence before January 1, 1975,
where required by statute or regulation to verify the identify of an
individual. Therefore, an individual will not be denied any right, benefit or
privilege provided by law because he or she refuses to disclose his /her
social security number unless disclosure is required by federal law.
F. 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.
G. 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
employees of the Village of the existence of the amended Policy, and shall
make a copy of the amended Policy available to each officer and
employee of the Village.
H. 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.
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STATEMENT OF PURPOSE(S) ATTACHMENT 1
FOR WHICH THE VILLAGE 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 local governments to
implement an Identity Protection Policy that includes a statement of the purpose for
requesting and using an individual's Social Security number (SSN).
Why do we collect your Social Security number?
You are being asked for your SSN for one or more of the following reasons:
[For staff use: Identify the specific purpose(s) and supporting information]
M means mandatory; V means voluntary *.
Employment (May be used for internal verification and administrative purposes unless prohibited by law)
Tax- related: V pursuant to state and federal laws /regulations, e.g.,
8 CFR 274a.2 (I -9); 20 CFR 422.114 (W -2); 86 I11.Adm.Code 100.7200 (W -2);
See IRS Publication 15, Employer's Tax Guide;
Background: V pursuant to Village policy & Illinois Employee Credit Privacy Act, 820
ILCS 70/1 et seq.;
rd
Employment benefits, e.g., health insurance: V pursuant to 3 party requirements.
_ Law enforcement investigation - Case No: : V, pursuant to 720 ILCS 5/16 -30
or such other state /federal laws related to identity theft.
Grant /loans using state /federal funds: V pursuant to state and federal laws /regulations, e.g.,
(Cite Applicable Statute Or Regulation)
Other:
, pursuant to
V/M (circle as applicable)
* If voluntary, the failure to provide a Social Security Number may result in the inability to
process a request or finalize employment processing (to the extent not prohibited by law).
What do we do with your Social Security number?
We will only use your SSN for the purpose for which it was collected or as otherwise
required by law. We will not:
o Sell, lease, loan, trade, or rent your SSN to a third party for any purpose;
o Publicly post or publicly display your SSN;
o Print your SSN on any card required for you to access our services;
o Require you to transmit your SSN over the Internet, unless the connection is
secure or your SSN is encrypted; or
o 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:
Village Manager, Village of Mount Prospect, 50 South Emerson Street, Mount Prospect, Illinois
60056, 847 - 818 -5300.
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