Loading...
Res 10-03 Adopting an Identity Theft Prevention Policy TOWN OF WESTLAKE RESOLUTION NO. 10-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING AN IDENTITY THEFT PREVENTION POLICY IN ACCORDANCE WITH THE FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 AND STATE LAW REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. WHEREAS, amendment to the Fair and Accurate Credit Transactions Act ("FACTA") of 2003 required the development of an Identity Theft Prevention Program; and WHEREAS, rules were scheduled to become effective in 2004 and required municipal utilities and other departments to implement an identity theft program; and WHEREAS, the Town of Westlake adopted a policy pursuant to the requirements of FACTA approximately one year ago; WHEREAS, the Town Council has undertaken a review of those requirements and has considered certain recently enacted state law requirements concerning Identity Theft protections; WHEREAS, after consideration of new state law requirements, and in order to update the previous policy for ease of use and readability, the Town Council has determined that an updated policy to be called"Identity Theft Prevention Program" should be adopted; WHEREAS, this Resolution is being passed in full accordance with all requirements of State law, including but not limited to the Open Meeting Act; and WHEREAS, the Town Council determines that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1. THAT all matters set forth herewith are found to be true and correct, are incorporated herein by reference is if copied in their entirety, and are adopted by the Town. SECTION 2. THAT the Town hereby adopts the Policy attached to this Resolution as Exhibit "A" and incorporated by reference herein to be the Town's Identity Theft Protection Policy. SECTION 3. THAT it is hereby declared to be the intention of the Town, that sections, paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause, sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution 10-03 Page l of 2 Town of Westlake Identity Theft Prevention Policy Effective beginning February 23, 2009 Revised February 22, 2010 Resolution 10-03 Attachment A Page 1 of 10 INTRODUCTION The Town of'Westlake ("Town" or "Utility")is committed to keeping the information we receive from citizens and customers safe from identity theft. This policy is designed to protect people from identity theft and to address the requirements of state and federal law. The methods used to prevent identity theft include ensuring that the information given to open an account with the Town is valid to prevent someone from using another person's identity to open an account, monitoring already existing accounts for unusual or suspicious activity and, finally, providing for notification of account holders in the unlikely event of unauthorized release of sensitive information. PROGRAM PURPOSE The purpose of this policy is to set out procedures and practices to assist Town personnel in the prevention of identity theft and to comply with federal and state law requirements. In addition, the Town will review recommended industry guidelines and follow those guidelines that are applicable to Town operations and which would aid in the prevention of identity theft. Eliminating identity theft involves prevention, monitoring and notification. We will prevent fraudulent accounts from being opened, we will monitor existing accounts for suspicious activity and we will notify people if an unauthorized release occurs. Industry standards to be studied include those promoted by the credit card industry, such as the Payment Card Industry Data Security Standards (PCI DSS). REQUIREMENTS Federal Law. According to the Fair and Accurate Credit Transactions Act ("FACTA") a municipal utility is a creditor subject to the requirements of the law. FACTA defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." All the Utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. FACTA provides for certain "Red Flags" in its "Red Flag Rule" to assist in identifying and preventing identity theft. Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: Resolution 10-03 Attachment A Page 2 of 10 I. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. State Law. The Texas Local Government Code, section 205.010, provides that certain requirements of the Business and Commerce Code apply to cities. Those requirements generally concern notification in the event of an unauthorized breach of sensitive personal information, and those standards are set out in the State Law section below. Industry Standards. The Town is interested in any workable methods to assist in the goal of preventing identity theft, and will also review industry standards to determine if such standards are applicable to Town operations, and, if so, the standards should be utilized by the Town. More discussion in regard to industry standards is set out in the Industry Standards section below. FEDERAL LAW FACTA COMPLIANCE 1. FACTA - IDENTIFICATION OF RED FLAGS. In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Credit Reporting Agencies Red Flags 1)Report of fraud accompanying a credit report; 2)Notice or report from a credit agency of a credit freeze on a customer or applicant; 3)Notice or report from a credit agency of an active duty alert for an applicant; and 4) Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity. B. Suspicious Documents Red Flags Resolution 10-03 Attachment A Page 3 of 10 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information(such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. C. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides(example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information(for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and 8. A person's identifying information is not consistent with the information that is on file for the customer. D. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the Utility that a customer is not receiving mail sent by the Utility; 6. Notice to the Utility that an account has unauthorized activity; 7. Breach in the Utility's computer system security; and 8. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag Resolution 10-03 Attachment A Page 4 of 10 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. II. FACTA-DETECTING RED FLAGS. A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, Utility personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. III. FACTA-PREVENTING AND MITIGATING IDENTITY THEFT In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; Resolution 10-03 Attachment A Page 5 of 10 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the Program. Administrator for determination of the appropriate step(s) to take; S. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. Protect customer identifying information In order to further prevent the likelihood of Identity Theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. IV. FACTA- PROGRAM UPDATES The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the Program Administrator will consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes in the Utility's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the Program or present the Town Council with his or her recommended changes and the Town Council will make a determination of whether to accept, modify or reject those changes to the Program. V. FACTA - PROGRAM ADMINISTRATION. A. Oversieht Resolution 10-03 Attachment A Page 6 of 10 Responsibility for developing, implementing and updating this Program lies with an Identity Theft Committee for the Utility. The Committee is headed by a Program Administrator who may be the head of the Utility or his or her appointee. Two or more other individuals appointed by the head of the Utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports Utility staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff will provide reports to the Program Administrator on incidents of Identity Theft, the Utility's compliance with the Program and the effectiveness of the Program. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect,prevent, and mitigate the risk of Identity Theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Non-disclosure of Specific Practiecs For the effectiveness of this Identity Theft Prevention Program, knowledge about specific Red Flag identification, detection, mitigation and prevention practices must be limited to the Identity Theft Committee who developed this Program and to those employees with a need to know them. Any documents that may have been produced or arc produced in order to develop or implement this program that list or describe such specific practices and the information those documents contain are considered unavailable to the public because disclosure of them would be likely to substantially jeopardized the security of information against improper use, that use being to circumvent the Utility's Identity Theft prevention efforts in order to facilitate the commission of Identity Theft. Resolution 10-03 Attachment A Page 7 of 10 If a request is received for such information, Town staff will request an opinion from the Texas Attorney General as to whether or not such information is public, citing concerns in regard to identity theft and federal laws requiring prevention of identity theft. STATE LAW Notification of Breach of Security of Computerized Data The Town will disclose any breach of system security, once such breach is discovered or the Town is notified of a breach to any resident of the state whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Such disclosure shall be made as quickly as possible and without unreasonable delay, unless the Town is advised by law enforcement personnel to delay providing notice because the notification will impede a criminal investigation. In such an instance, notification will occur as soon as the law enforcement agency determines that such notification will not compromise the investigation. Notice shall be provided in writing. If the cost of providing notice is shown to exceed $250,000 or the number of affected people to notify exceeds 500,000, or the Town does not have sufficient contact information, the Town may give notice in such a case, by electronic mail, conspicuous posting of the notice on the Town's website or notice published in or broadcast on major statewide media. If more than 10,000 people are affected by a breach of system security, the Town shall also notify each consumer reporting agency that maintains files on consumers on a nationwide basis of the timing, distribution and content of the notices. INDUSTRY STANDARDS Industry standards will be regularly reviewed to see if those standards are applicable to Town operations and could be helpful in the Town's goal of prevention of identity theft. In addition, certain credit card companies may require the adoption of such standards as a requirement for acceptance of such credit cards for payment of Town accounts. One of the best known set of standards is the Payment Card Industry Data Security Standards (PCI DSS) and their standards will be reviewed and incorporated into Town practices as appropriate. Some of those industry standards, which may be updated or changed from time to time, could include methods such as installing and maintaining a firewall, not using vendor default passwords, protecting stored data, encrypting transmissions of credit card holder data, using and updating anti-virus software, developing and maintaining secure systems Resolution 10-03 Attachment A Page 8 of 10 and applications, restricting access to people who need to know, assigning unique identification to all users, restricting physical access to credit or debit card data, tracking and monitoring access to such data, regularly testing security systems and processes, and maintaining and updating an information security policy. DEFINITIONS "Breach of System Security" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purpose of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. "Covered Account" means: 1. Any account the Utility offers or maintains primarily for personal, family or household purposes,that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. "Identifying information" means "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name,. address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. "Identity Theft" means "fraud committed using the identifying information of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the possible existence of Identity Theft." "Red Flags" mean specific examples of activity or documents or other items that should alert the suspicions of the Utility and could be used in carrying out identity theft. "Sensitive Personal Information" means: (1) An individual's first name or first initial and last name in combination with any of the following items, if the names and the items are not encrypted: (a) social security number; (b) driver's license number or government-issued identification number; (c) account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account; or Resolution 10-03 Attachment A Page 9 of 10 (2) Information that identifies an individual and relates to: (a) the physical or mental health or condition of the individual; (b) the provision of health care to the individual; or (c)payment for the provision of health care to the individual. PROGRAM ADOPTION—LEGAL AUTHORITY The Town developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2 and Texas law, specifically Texas Business and Commerce Code section 521.053, mad applicable to local governments by Texas Local Government Code section 205.010. This Program was developed with oversight and approval of the Town Council. After consideration of the size and complexity of the Town's operations and account systems, and the nature and scope of the Town's activities, the Town Council determined that this Program was appropriate for the Town, and therefore initially approved this Program on February 23,2009, and updated the program on February 22, 2010. Resolution 10-03 Attachment A Page 10 of 10 Resolution since the same would have been enacted by the Town without the incorporation in this Resolution of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. SECTION 4. THAT this Resolution shall be in full force and effect from and after the date of its passage. PASSED AND APPROVED ON THIS 22°d DAY OF FEBRUARY 2010. 4,0F W ATTEST: Laura Wheat, Mayor r X 77 KeO Edw s, Town Secretary Thomas E. Brym r, To Manager APPROVE S TO F L. Stanton L own ttorney Resolution 10-03 Page 2 of 2