(A) Introduction. The village developed this Identity Protection Policy pursuant to the State Identity Protection Act (5 ILCS 179/1 et seq.). This Program was developed with oversight and approval of the Program Administrator who approved this plan December 5, 2011.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON.
Any individual in the employ of the village.
PUBLICLY POST
or
PUBLICLY DISPLAY.
To intentionally communicate or otherwise intentionally make available to the general public.
(C) Prohibited activities.
(1) No officer or employee of the village shall do any of the following:
(a) Publicly post or publicly display in any manner an individual’s Social Security number;
(b) Print an individual’s Social Security number on any card required for the individual to access products or services provided by the person or entity;
(c) Require an individual to transmit his or her Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; or
(d) Print an individual’s Social Security number 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 Social Security number to be on the document to be mailed. Notwithstanding any provision in this section to the contrary, Social Security numbers may be included in applications and forms sent by mail, including but not limited to any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and 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 Social Security number. A Social Security number that may permissibly be mailed under this section may 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.
(2) Except as otherwise provided in this policy, beginning December 5, 2011, no officer or employee of the village shall do any of the following:
(a) Collect, use or disclose a Social Security number from an individual, unless:
1. Required to do so under state or federal law, rules or regulations, or the collection, use or disclosure of the Social Security number is otherwise necessary for the performance of that agency’s duties and responsibilities;
2. The need and purpose for the Social Security number is documented before collection of the Social Security number; and
3. The Social Security number collected is relevant to the documented need and purpose.
(b) Require an individual to use his or her Social Security number to access an Internet website; or
(c) Use the Social Security number for any purpose other than the purpose for which it was collected.
(3) The prohibitions in division (C)(2) above do not apply in the following circumstances:
(a) The disclosure of Social Security numbers to agents, employees, contractors or subcontractors of the village or disclosure 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 officer or employee of the village must first receive from the contractor or subcontractor a copy of the contractor’s or subcontractor’s policy that sets forth how the requirements imposed under this policy on the village to protect an individual’s Social Security number will be achieved;
(b) The disclosure of Social Security numbers pursuant to a court order, warrant or subpoena;
(c) The collection, use or disclosure of Social Security numbers in order to ensure the safety of village 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 village facility;
(d) The collection, use or disclosure of Social Security numbers for internal verification or administrative purposes; or
(e) The collection or use of Social Security numbers 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, being 15 U.S.C. §§ 1681 et seq. to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, being 15 U.S. C. §§ 6801 et seq. 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.
(D) Public inspection and copying of documents. Notwithstanding any other provision of this policy to the contrary, all officers and employees of the village must comply with the provisions of 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 Social Security number. All officers and employees of the village must redact Social Security numbers from the information or documents before allowing the public inspection or copying of the information or documents.
(E) Applicability.
(1) This policy does not apply to the collection, use or disclosure of a Social Security number as required by state or federal law, rule or regulation.
(2) This policy does not apply to documents that are required to be open to the public under any state or federal law, rule or regulation, applicable case law, Supreme Court rule or the Constitution of this state.
(F) Compliance with federal law. If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the village shall follow that law.
(G) Embedded Social Security numbers. Beginning December 5, 2011, no officer or employee of the village may encode or embed a Social Security number 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 Social Security number as required by this policy.
(H) Identity protection requirements.
(1) All officers, employees and agents of the village identified as having access to Social Security numbers in the course of performing their duties shall be trained to protect the confidentiality of Social Security numbers. Training shall include instructions on the proper handling of information that contains Social Security numbers from the time of collection through the destruction of the information.
(2) Only employees who are required to use or handle information or documents that contain Social Security numbers have access to such information or documents.
(3) Social Security numbers requested from an individual shall be provided in a manner that makes the Social Security number easily redacted if required to be released as part of a public records request.
(4) When collecting a Social Security number or upon request by the individual, a statement of the purpose or purposes for which the village is collecting and using the Social Security number shall be provided.
(5) A written copy of this privacy policy and any amendment thereto, shall be filed with the Village Board within 30 days after approval of this policy or any amendment thereto.
(6) The village shall advise its employees of the existence of the policy and make a copy of the policy available to each employee, and shall also make this privacy policy available to any member of the public upon request. If the village amends this privacy policy, then the village shall also advise its employees of the existence of the amended policy and make a copy of the amended policy available to each employee.
(I) Violations. Any person who intentionally violates the prohibitions in § 10 of the Identity Protection Act (Paragraph 2 of this policy), being 5 ILCS 179/10, is guilty of a Class B misdemeanor.
(Res. 2011-07, passed 12-5-2011) Penalty, see § 10.99