2011-16i
0 , . •
RESOLUTION NO. 2011- 16
A RESOLUTION ESTABLISHING A POLICY WITH REGARD TO THE COLLECTION,
USE, DISCLOSURE AND PROTECTION OF INDIVIDUALS' SOCIAL SECURITY NUMBERS
WHEREAS, the Village of Buffalo Grove, Lake and Cook Counties, Illinois, is a Home Rule
Unit pursuant to the Illinois Constitution of 1970; and
WHEREAS, the Illinois legislature has approved Public Act 96 -0874 commonly known as the
Identity Protection Act; and
WHEREAS, the Village of Buffalo Grove desires to establish a policy in accordance with Public
Act 96 -0874;
NOW, THEREFORE, Be it Resolved by the President and Board of Trustees of the Village of
Buffalo Grove, Lake and Cook Counties, Illinois, as follows;
Section 1: The Preambles hereto are hereby made a part of, and operative provisions of,
this Resolution as fully as if completely repeated at length herein.
Section 2: That this President and the Board of Trustees of the Village of Buffalo Grove
hereby find that it is in the best interests of the Village of _Buffalo Grove and its residents that the aforesaid
Policy be established by the said Village of Buffalo Grove, with said Policy to be substantially in the form
attached hereto and made a part hereof as EXHIBIT A.
Section 3: That the President and Clerk of the Village of Buffalo Grove, Lake and Cook
Counties, Illinois are hereby authorized to execute for and on behalf of said Village of Buffalo Grove the
aforesaid Policy.
This Resolution shall be effective from and after its passage and approval.
AYES: 6 — Berman, Trilling, Sussman, Terston Stein, Ottenheimer
NAYS: 0 — None
ABSENT: 0 — None
PASSED: May 16 2011.
APPROVED: May 16 , 2011. ;Oon
ATTEST:
Village C
ADOPTED this 16thday of May , 201_1 by the Corporate Authorities.
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EXHIBIT A
E
E
Village of Buffalo Grove Policy
With Regard to the Collection, Use, Disclosure and
Protection of Individual's Social Security Numbers
This Village of Buffalo Grove Policy Regarding to the Collection, Use, Disclosure and Protection of
Individuals' Social Security Numbers is intended to comply with Public Act 96 -0874 of the State of
Illinois, cited as the Identity Protection Act.
Definitions:
A. "Policy" means this Village of Buffalo Grove Policy with Regard to the
Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers.
B. "Act" means the Identity Protection act created by Public Act 96 -0874.
C. "Village means the Village of Buffalo Grove, Cook and Lake Counties, Illinois.
2. Prohibited Activities:
A. No officer or employee of the Village shall do any of the following:
1. Intentionally communicate or otherwise intentionally make available to the
general public, in any manner, an individual's social security number.
2. Print an individual's social security number on any card required for the
individual to access products or services provided by the Village.
3. 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.
4. 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 subsection 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 the tax
administered by the Illinois Department of Revenue, and documents sent as part
of an application or enrollment process to establish, amend or terminate an
account, contract or policy or to confirm the accuracy of the social security
number that may permissibly be mailed under this subsection 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.
B. Except as otherwise provided by this Policy, no officer or employee of
the Village shall do any of the following:
Collect, use or disclose a social security number from an individual, unless:
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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 officer's or employee's duties and responsibilities;
(i) the need and purpose for the social security number;
(ii) the social security number collected is relevant to the
documented need and purpose.
Require an individual to use his or her social security number to access an
Internet web.
3. Use the social security number of an individual 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:
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 Village 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 the requirements
imposed under this Policy on the Village, to protect an individual's social
security number, will be achieved
The disclosure of social security numbers pursuant to a court
order, warrant or subpoena.
The collection, use or disclosure of social security numbers in order to ensure
the safety of-
(i) Village employees;
(ii) persons committed to correctional facilities, local jails, and other
law- enforcement facilities or retention centers;
(iii) wards of the State; and
(iv) all persons working in or visiting a Village facility.
The collection, use or disclosure of social security numbers for internal
verification or administrative purposes.
5. 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, 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.
D. Any previously adopted standards of the Village, for the collection, use or disclosure of
social security numbers, that are stricter than the standards under this Policy with respect
to the protection of those social security numbers, shall, in the event of any conflict with
the provisions of this Policy, control.
3. Public Inspection and Copyin$ 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, as such information is exempt from disclosure under the Freedom of
Information Act, pursuant to 5 ILCS 140/7(1)(b) as "private information" as defined by 51LCS
140/2(c -5).
4. Applicability:
A. 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.
B. 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 the State of Illinois.
5. 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's compliance with said program shall not be deemed a
violation of this Policy or the Act.
6. Embedded Social Security Numbers:
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.
Identity- Protection Requirements:
A. All officers and employees of the Village, identified as having access to social security
numbers in the course of performing their duties, shall receive training in regard to protecting
the confidentiality of social security numbers. Said training shall include instructions on the
proper handling of information containing social security numbers from the time of collection
through the destruction of the information.
B. Only officers and employees of the Village who are required to use or handle information
ordocuments that contain social security numbers shall have access to such information or
documents.
C. Social security numbers requested 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.
D. When collecting a social security number, or upon request by the individual providing the
social security number, a statement of the purpose or purposes for which the Village is
collecting and using the social security number shall be provided.
E. A written copy of this Policy, and any amendments thereto, shall be filed with the Village
Council within (30) days after approval of this policy or any amendments thereto.
F. The Village Manager shall make sure that all officers and employees of the
Village are aware of the existence of this Policy, and shall make a copy of this Policy
available to each officer and employees. If the Village amends this Policy, then the Village
Manager shall advise all officers and employees of the Village of the existence of the
amended Policy, and shall make a copy of the amended Policy available to each officer and
employee of the Village.
G. The Village shall make this Policy available to any member of the public, upon request.
8. Violation:
Any person who intentionally violates the prohibitions in Section 10 of the Act (which are set forth in
Sections 2.A. and 2.13. of this Policy) shall, pursuant to the Act, be guilty of a Class B misdemeanor.
This Policy does not supersede any more restrictive law, rule, or regulation regarding the collection, use
or disclosure of social security numbers.