[HISTORY: Adopted by the Town Board of the Town of Malta 3-6-2006 by Res. No. 94-2006. 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. New York State and the Town of Malta value the protection of private information of individuals. The Town of Malta ("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.
The Town, after consulting with the Town's computer consultant and the Office of Cyber Security and Critical Infrastructure Coordination ("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 compromiser 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 that notifies affected persons in such form;
Telephone notification, provided that a log of each such notification is kept by the Town that notifies affected persons; 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 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 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.
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.