[HISTORY: Adopted by the Town Board of the Town of Massena 3-15-2006. Amendments noted where applicable.]
This policy is consistent with the State Technology Law, § 208 as added by Chapters 442 and 491 of the Laws of 2005. This policy requires notification to impacted New York residents and nonresidents. The Town of Massena and New York State value the protection of private information of individuals. The Town is required to notify an individual when there has been or is reasonably believed to have been a compromise of the individual's private information in compliance with the Information Security Breach and Notification Act and this policy.
Editor's Note: See N.Y.S. General Business Law § 899-aa.
The Town, after consulting with the New York State Office of Cyber Security and Critical Infrastructure (CSCIC) to determine the scope of the breach and restoration measures, shall notify an individual when it has been determined that there has been, or is reasonably believed to have been a compromise of private information through unauthorized disclosure.
A compromise of private information shall mean the unauthorized acquisition of unencrypted computerized data with private information.
If encrypted data is compromised along with the corresponding encryption key, the data shall be considered unencrypted and thus fall under the notification requirements.
Notification may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. In such case, notification will be delayed only as long as needed to determine that notification no longer compromises any investigation.
The Town will notify the affected individual. Such notice shall be directly provided to the affected persons by one of the following methods:
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 affected persons are notified in such form;
Telephone notification, provided that a log of each such notification is kept by the Town when affected persons are notified in such form; or
Substitute notice, if the Town demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000 or that the affected class of subject persons to be notified exceeds 500,000 or if the Town does not have sufficient contact information. Substitute notice shall consist of all of the following:
The Town shall notify CSCIC as to the timing, content and distribution of the notices and approximate number of affected persons.
The Town shall notify the Attorney General and the Consumer Protection Board whenever notification to a New York resident is necessary as to the timing, content and distribution of the notices and approximate number of affected persons.
Regardless of the method by which notice is provided, such notice shall include contact information for the Town of Massena 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.
This policy also applies to information maintained on behalf of the Town by a third party.
When more than 5,000 New York residents are to be notified at one time, then the Town shall notify the consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. This notice, however, will be made without delaying notice to the individuals.
As used in this chapter, the following terms shall have the meanings indicated:
- The granting of rights which includes the granting of access based on an authenticated identity.
- The property of being operational, accessible, functional and usable upon demand by an authorized entity, e.g., a system or user.
- The designation given to information or a document from a defined category on the basis of its sensitivity.
- All physical, electronic and other components, types and uses of computers, including but not limited to hardware, software, central processing units, electronic communications and systems, databases, memory, Internet service, information systems, laptops, personal digital assistants and accompanying equipment used to support the use of computers, such as printers, fax machines and copiers, and any updates, revisions, upgrades or replacements thereto.
- CONSUMER REPORTING AGENCY
- Consumer reporting agency shall mean any person 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 consumer reporting agencies shall be compiled by the State Attorney General and furnished upon request to state entities required to make a notification under this policy.
- The property that information is not made available or disclosed to unauthorized individuals, entities, or processes.
- Countermeasures or safeguards that are the devices or mechanisms that are needed to meet the requirements of policy.
- A condition, vulnerability or threat that could cause danger to data, a system, network, or a component thereof.
- CUSTODIAN OF INFORMATION
- An employee or organizational unit acting as a caretaker of an automated file or database on behalf of its owner.
- Any information created, stored (in temporary or permanent form), filed, produced or reproduced, regardless of the form or media. Data may include, but is not limited to personally identifying information, reports, files, folders, memoranda, statements, examinations, transcripts, images, communications, electronic or hard copy.
- DATA SECURITY
- The protection of information assets from accidental or intentional but unauthorized disclosure, modification, or destruction, or the inability to process that information.
- The reversal of a corresponding reversible encryption to render information intelligible using the appropriate algorithm and key.
- The cryptographic transformation of data to render it unintelligible through an algorithmic process using a cryptographic key.
- Any adverse event that threatens the confidentiality, integrity or accessibility of information resources.
- INCIDENT RESPONSE
- The manual and automated procedures used to respond to reported network intrusions (real or suspected); network failures and errors; and other undesirable events.
- Information is defined as the representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by human or automated means.
- INFORMATION ASSETS
- All categories of automated information, including but not limited to: records, files, and databases; and information technology facilities, equipment (including microcomputer systems), and software owned or leased by the state.
- INFORMATION OWNER
- An individual or a group of individuals that has responsibility for making classification and control decisions regarding use of information.
- INFORMATION SECURITY
- The concepts, techniques and measures used to protect information from accidental or intentional unauthorized access, modification, destruction, disclosure or temporary or permanent loss (see "availability").
- INFORMATION THEFT
- Loss of business information through theft of data.
- The property that data has not been altered or destroyed from its intended form or content in an unintentional or an unauthorized manner.
- A system of linked computer networks, international in scope, that facilitates data transmission and exchange, which all use the standard Internet protocol, TCP/IP, to communicate and share data with each other.
- INTRUSION DETECTION
- The monitoring of network activities, primarily through automated measures, to detect, log and report upon actual or suspected authorized access and events for investigation and resolution.
- NONPUBLIC INFORMATION
- Any information that is covered by an exception to the Freedom of Information Law, Public Officer Law Article 6, or is otherwise protected from disclosure by law.
- OWNER OF INFORMATION
- An individual or organizational unit having responsibility for making classification and control decisions regarding use of information.
- PERSONAL INFORMATION
- Personal information means any information concerning a natural person which, because of name, number, personal mark or other identifier can be used to identify such natural person.
- The right of individuals and organizations to control the collection, storage, and dissemination of information about themselves.
- PRIVATE INFORMATION
- Private information means 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: social security number; or driver's license number or nondriver identification card number; or 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.
- Specific operational steps that individuals must take to achieve goals stated in this policy.
- PUBLIC INFORMATION
- Information on Town programs and services, disseminated information through publications and through the news media.
- The probability of suffering harm or loss. It refers to an action, event or a natural occurrence that could cause an undesirable outcome, resulting in a negative impact or consequence.
- RISK ASSESSMENT
- The process of identifying threats to information or information systems, determining the likelihood of occurrence of the threat, and identifying system vulnerabilities that could be exploited by the threat.
- RISK MANAGEMENT
- The process of taking actions to assess risks and avoid or reduce risk to acceptable levels.
- SECURITY POLICY
- The set of criteria for the provision of security services based on global rules imposed for all users. These rules usually rely on a comparison of the sensitivity of the resources being accessed and the possession of corresponding attributes of users, a group of users, or entities acting on behalf of users.
- The measurable, harmful impact resulting from disclosure, modification, or destruction of information.
- Sets of rules for implementing policy. Standards make specific mention of technologies, methodologies, implementation procedures and other detail factors.
- The State of New York.
- An interconnected set of information resources under the same direct management control that shares common functionality. A system may include hardware, software, information, data, applications or communications infrastructure.
- THIRD PARTY
- Any non-Town employees such as a contractor, vendor, consultant, intern, another municipal agency, etc.
- A force, organization or person, which seeks to gain access to, or compromise, information. A threat can be assessed in terms of the probability of an attack. Looking at the nature of the threat, its capability and resources, one can assess it, and then determine the likelihood of occurrence, as in risk assessment.
- UNAUTHORIZED ACCESS OR PRIVILEGES
- Insider or outsider who gains access to network or computer resources without permission.
- Any Town entity(ies), state entity(ies), federal government entity(ies), political subdivisions(s), their employees or third-party contractor(s) or business associates, or any other individual(s) who are authorized by such entities to access a system for a legitimate government purpose.
- USER OF INFORMATION
- An individual having specific limited authority from the owner of information to view, change, add to, disseminate or delete such information.