[Adopted 5-23-2011 by Ord. No. 2011-22]
This Identity Protection Policy is adopted pursuant to the Illinois
Identity Protection Act (5 ILCS 179/1 et seq.). The Identity Protection
Act requires local government entities, including the Village of Bannockburn,
to have in place by June 1, 2011, an Identity Protection Policy to
ensure the confidentiality and integrity of social security numbers
(SSNs) that the Village collects, maintains, and uses. It is important
to safeguard SSNs against unauthorized access because SSNs can be
used to facilitate identity theft. One way to better protect SSNs
is to limit the widespread dissemination of those numbers. The Identity
Protection Act was passed by the Illinois General Assembly in part
to require the Village and other local and state government agencies
to assess their personal information collection practices and make
necessary changes to those practices to ensure confidentiality. All
Village officers, employees, and agents shall comply with the Identity
Protection Act and this policy at all times.
As used in this article, the following terms shall have the
meanings indicated:
The Illinois Identity Protection Act (5 ILCS 179/1 et seq.).
The Board of Trustees of the Village of Bannockburn.
Any individual in the employ of the Village.
This Identity Protection Policy.
To intentionally communicate or otherwise intentionally make
available to the general public.
To alter or truncate data so that no more than five sequential
digits of a SSN are accessible as part of personal information.
Any social security number provided to an individual by the
Social Security Administration.
A document stating the purpose or purposes for which the
Village is collecting and using an individual's SSN. The Village Manager
or his or her designee is authorized to establish or modify one or
more statements of purpose from time to time that comply with this
policy. A Statement of purpose for the Village is attached to this
policy.[1]
The Village of Bannockburn.
[1]
Editor's Note: The statement of purpose is on file in the
Village offices.
Any time the Village collects an individual's SSN, or at any
other time upon request of the individual, the Village shall provide
the individual with a statement of purpose.
A.
Neither the Village nor any employee may:
(1)
Publicly post or publicly display in any manner an individual's SSN.
(2)
Print an individual's SSN on any card required for the individual
to access products or services provided by the person or entity.
(3)
Require an individual to transmit a SSN over the internet unless
the connection is secure or the SSN is encrypted.
(4)
Print an individual's SSN 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 SSN to be on the document to be mailed. Notwithstanding
the foregoing, SSNs may be included in applications and forms sent
by mail, including, but not limited to: a) any material mailed in
connection with the administration of the Unemployment Insurance Act;
b) any material mailed in connection with any tax administered by
the Department of Revenue; and c) 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 SSN. A SSN that
is permissibly mailed pursuant to this subsection will 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 Subsection C below or unless otherwise provided in the Act, neither the Village nor any employee may:
(1)
Collect, use, or disclose a SSN from an individual, unless:
(a)
Required
to do so under state or federal law, rules, or regulations, or the
collection, use, or disclosure of the SSN is otherwise necessary for
the performance of the Village's duties and responsibilities;
(b)
The
need and purpose for the SSN is documented before collection of the
SSN; and
(c)
The
SSN collected is relevant to the documented need and purpose.
(2)
Require an individual to use his or her SSN to access an internet
website.
(3)
Use the SSN 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 SSNs 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 first receives from the contractor or subcontractor a copy
of the contractor's or subcontractor's policy that sets forth how
the requirements imposed under this Act on a governmental entity to
protect an individual's SSN will be achieved.
(2)
The disclosure of SSNs pursuant to a court order, warrant, or subpoena.
(3)
The collection, use, or disclosure of SSNs 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 SSNs for internal verification
or administrative purposes.
(5)
The disclosure of SSNs by a state agency to the Village for the collection
of delinquent child support or of any state debt or to the Village
to assist with an investigation or the prevention of fraud.
(6)
The collection or use of SSNs 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.
The Village shall comply with the provisions of the Illinois
Freedom of Information Act (5 ILCS 140/1 et seq.) and 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
SSN. However, the Village shall redact SSNs from the information or
documents before allowing the public inspection or copying of the
information or documents. When collecting SSNs, the Village shall
request each SSN in a manner that makes the SSN easy to redact if
required to be released as part of a public records request.
Only employees who are required to use or handle information
or documents that contain SSNs in the course of performing their duties
will have access to such information and documents. All employees
who have access to SSNs shall first be trained to protect the confidentiality
of SSNs. The training will include instructions on the proper handling
of information that contains SSNs from the time of collection through
destruction of the information.
Neither the Village nor any employee shall encode or embed a
SSN 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 SSN as required by the Act and this policy.
A.
If any provision of this policy conflicts with any provision of the
Act, the more restrictive provision shall prevail.
B.
This policy does not apply to:
(1)
The collection, use, or disclosure of a SSN as required by state
or federal law, rule, or regulation; or
(2)
Documents that are recorded with a county recorder or required to
be open to the public under a state or federal law, rule, or regulation,
applicable case law, Supreme Court rule, or the Constitution of the
State of Illinois; provided, however, that the Village shall redact
the SSN from such document if such law, rule, or regulation permits.
All Village employees shall be advised of the existence of this
policy. Village employees who are required to use or handle information
or documents that contain SSNs shall be provided a copy of this policy,
which each shall maintain at all times. The Village shall maintain
on file a written copy of this policy which is available to all employees
and any member of the public by requesting a copy from: Village Manager,
Village of Bannockburn, 2275 Telegraph Road, Bannockburn, IL 60015;
847-945-6080.
This policy may be amended by the Village Board at any time. If the policy is amended, the Village Board shall advise all employees of the existence of the amended policy. A copy of the amended policy will be made available to employees and the public as set forth § 1-34 above.
