CHAPTER 302
Identity Theft Prevention Program
302.01   Purpose.
302.02   Scope.
302.03   Definitions.
302.04   Administration of the program.
302.05   Identity theft prevention elements.
302.06   Program and management accountability.
302.07   Other legal requirements.
302.01 PURPOSE.
   The purpose of this identity theft prevention program is to protect customers of the City's utility services from identity theft. The program is intended to establish reasonable policies and procedures to facilitate the detection, prevention and mitigation of identity theft in connection with the opening of new covered accounts and activity on existing covered accounts. This identity theft prevention program is adopted pursuant to and in compliance with the identity theft rules of the Federal Trade Commission, Part 681 of Title 16 of the Code of Federal Regulations (16 CFR Part 681).
(Ord. 2008-10-1. Passed 10-8-08; Ord. 2021-11-1. Passed 11-10-21.)
302.02 SCOPE.
   This program applies to the creation, modification and access to identifying information of a customer of one or more of the utilities operated by the City by any and all personnel of the City, including management personnel. This program does not replace or repeal any previously existing policies or programs addressing some or all of the activities that are the subject of this program, but rather it is intended to supplement any such existing policies and programs.
(Ord. 2008-10-1. Passed 10-8-08; Ord. 2021-11-1. Passed 11-10-21.)
302.03 DEFINITIONS.
   (a)   When used in this program, the following terms have the meanings set forth opposite their name, unless the context clearly requires that the term be given a different meaning:
      (1)   "Covered account" means an account that the City offers or maintains, primarily for personal, family or household purposes, that involves or is designed to permit multiple payments of transactions. (16 CFR § 681.2(b)(3)(i)). A utility account is a "covered account." The term "covered account" also includes other accounts offered or maintained by the City for which there is a reasonably foreseeable risk to customers or the City from identity theft. (16 CFR § 681.2(b)(3)(ii)).
      (2)   "Identity theft" means a fraud committed or attempted using the identifying information of another person without authority. (16 CFR § 681.2(b)(8) and 16 CFR § 603.2(a)).
      (3)   "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 any name, Social Security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number. Additional examples of "identifying information" are set forth in 16 CFR § 603.2(a).
      (4)   "Program" means this identity theft prevention program.
      (5)   "Program administrator" means the Office Manager of this City.
      (6)   "Red flag" means a pattern, practice or specific activity that indicates the possible existence of identity theft.
   (b)   Certain terms used but not otherwise defined herein shall have the meanings given to them in the Federal Trade Commission's Identity Theft Rules (16 CFR Part 681) or the Fair Credit Reporting Act of 1970 (15 U.S.C. § 1681 et seq.), as amended by the Fair and Accurate Credit Transactions Act of 2003. (Public Law 108-159).
(Ord. 2008-10-1. Passed 10-8-08; Ord. 2021-11-1. Passed 11-10-21.)
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