[HISTORY: Adopted by the Town Board of the Town of Urbana 9-19-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
The Town Board of the Town of Urbana finds that identity theft
and security breaches are affecting local residents and others. The
New York State Legislature and Governor have enacted legislation mandating
the establishment of a breach notification procedure to prevent injury
to residents and afford an opportunity for repair of damages resulting
from a breach.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall have the same meanings as provided in State Technology
Law § 208, as amended from time to time, excepting that
where the word "state" is used, it shall be interchanged with the
word "Town" as the context of this chapter will require.
The Town of Urbana, New York.
Any Town board, bureau, division, committee, commission,
counsel, department, public authority, public benefit corporation,
office or other governmental entity performing a governmental or proprietary
function for the Town of Urbana, except the judiciary.
Any Town entity that owns or licenses computerized data that includes private information shall disclose any breach of the security of the system, following discovery or notification of the breach in the security of the system, to any resident of New York State whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in § 14-5 of this chapter, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Any Town entity that maintains computerized data that includes
private information which such entity does not own shall notify the
owner or licensee of the information of any breach of the security
of the system immediately following discovery if the private information
was, or is reasonably believed to have been, acquired by a person
without valid authorization.
The notification required by this chapter may be delayed if
a law enforcement agency determines that such notification impedes
a criminal investigation. The notification required by this chapter
shall be made after such law enforcement agency determines that such
notification does not compromise such investigation.
The notice required by this chapter shall be directly provided
to the affected persons by one of the following methods:
A.
Written notice.
B.
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 entity who
notifies affected persons in such form; provided further, however,
that in no case shall any person or business require a person to consent
to accepting said notice in said form as a condition of establishing
any business relationship or engaging in any transaction.
C.
Substitute notice, if a Town entity demonstrates to the New York
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 such entity does not have sufficient contact information.
Substitute notice shall consist of all of the following:
Regardless of the method by which notice is provided, such notice
shall include contact information for the person or business making
the notification 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.
A.
In the event that any New York residents are to be notified at one
time, the person or business shall notify the NYS Attorney General,
the Consumer Protection Board and the State Office of Cyber Security
and Critical Infrastructure Coordination as to the time, content and
distribution of the notice and approximate number of affected persons.
Such notice shall be made without delaying notice to affected New
York residents.
B.
In the event that more than 5,000 New York residents are to be notified
at one time, the person or business shall also notify consumer reporting
agencies as to the timing, content and distribution of the notice
and approximate number of affected persons. Such notice shall be made
without delaying notice to affected New York residents.
