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Home My WebLink AboutResolutions - 2006.03.09 - 28219March 9, 2006 MISCELLANEOUS RESOLUTION #06031 BY: PERSONNEL COMMITTEE, Greg Jamian, Chairman IN RE: HUMAN RESOURCES DEPARTMENT - SOCIAL SECURITY NUMBER PRIVACY ACT POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the State of Michigan passed the Social Security Number Privacy Act effective March 1, 2005, to limit the use of an individual's social security number; and WHEREAS this Act requires that the County establish a Social Security Number Privacy Policy effective January 1, 2006; and WHEREAS Oakland County is required by the Michigan Social Security Number Privacy Act, Public Act 454 of 2004, MCL 445.81 et seq., (the "act") to create a privacy policy concerning the Social Security numbers that it may possess or obtain. The Social Security Number Privacy Policy will protect the confidentiality of all Social Security Numbers obtained by Oakland County. It will also provide methods to ensure the confidentiality of Social Security numbers, prohibit their unlawful disclosure, limit access to and provide for disposal of documents that include them, and establish penalties for violations of the privacy policy. This Privacy Policy sets forth the County's policies and procedures regarding how Social Security numbers are obtained, stored, transferred, used, disclosed and disposed; and WHEREAS Oakland County will protect the confidentiality of Social Security numbers obtained in the ordinary course of county business from employees, vendors, contractors, customers or others. No person shall knowingly obtain, store, transfer, use, disclose or dispose of a Social Security number that the County may obtain or possess except in accordance with the Act and this Privacy Policy; and WHEREAS this Privacy Policy will apply to all elected officials, employees, volunteers, student interns, and others who handle Social Security numbers and other personal information such as independent contractors and/or third party administrators; and WHEREAS the attached policy has been prepared by Corporation Counsel and complies with the requirements of the Act. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Social Security Number Privacy Act Policy. BE IT FURTHER RESOLVED that this policy shall be effective January 1, 2006. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote OAKLAND COUNTY SOCIAL SECURITY NUMBER PRIVACY POLICY PROHIBITED SOCIAL SECURITY NUMBER DISCLOSURE Oakland County shall not, with respect to the social security number of an employee or other individual, do any of the following: • Publicly display all or more than 4 sequential digits of the social security number. • Use all or more than 4 sequential digits of the social security number as the primary account number for an individual. • Visibly print all or more than 4 sequential digits of the social security number on any identification badge or card, membership card, or permit or license. • Require an individual to use or transmit all or more than 4 sequential digits of his or her social security number over the internet or a computer system or network unless the connection is secure or the transmission is encrypted. • Require an individual to use or transmit all or more than 4 sequential digits of his or her social security number to gain access to an internet webs ite or a computer system or network unless the connection is secure, the transmission is encrypted, or a password or other unique personal identification number or other authentication device is also required to gain access to the Internet website or computer system or network. • Include all or more than 4 sequential digits of the social security number in or on any document or information mailed or otherwise sent to an individual if it is visible on or, without manipulation, from outside of the envelope or packaging. • Include all or more than 4 sequential digits of the social security number in any document or information mailed to a person, unless any of the following apply: (i) State or federal law, rule, regulation, or court order or rule authorizes, permits, or requires that a social security number appear in the document. (ii) The document is sent as part of an application or enrollment process initiated by the individual. (iii) The document is sent to establish, confirm the status of, service, amend, or terminate an account, contract, policy, or employee or health insurance benefit or to confirm the accuracy of a social security number of an individual who has an - account, contract, policy, or employee or health insurance benefit. (iv) The document or information is mailed by the County under any of the following circumstances: (A) The document or information is a public record and is mailed in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (B) The document or information is a copy of a public record filed or recorded with the County Clerk or Register of Deeds office and is mailed by that office to a person entitled to receive that record. (C) The document or information is a copy of a vital record recorded as provided by law and is mailed to a person entitled to receive that record. (v) The document or information is mailed by or at the request of an individual whose social security number appears in the document or information or at the request of his or her parent or legal guardian. EXCEPTIONS TO PROHIBITED SOCIAL SECURITY NUMBER DISCLOSURE The above prohibitions to the disclosure of all or more than 4 sequential digits of a social security number do not apply to any of the following: (a) A use of all or more than 4 sequential digits of a social security number that is authorized or required by state or federal statute, rule, or regulation, by court order or rule, or pursuant to legal discovery or process. (b) A use of all or more than 4 sequential digits of a social security number by a law enforcement agency, court, or prosecutor as part of a criminal investigation or prosecution, or providing all or more than 4 sequential digits of a social security number to a law enforcement agency, court, or prosecutor as part of a criminal investigation or prosecution. Further, this Policy permits (1) use of all or more than 4 sequential digits of the social security number as the primary account number for an individual; or (2) including all or more than 4 sequential digits of a social security number in any document or information mailed to a person, if the use is in any of the following: (a) An administrative use of all or more than 4 sequential digits of the social security number in the ordinary course of business, by a person or a vendor or contractor of a person, to do any of the following: (i) Verify an individual's identity, identify an individual, or do another similar administrative purpose related to an account, transaction, product, service, or employment or proposed account, transaction, product, service, or employment. (ii) Investigate an individual's claim, credit, criminal, or driving history. (iii) Detect, prevent, or deter identity theft or another crime. (iv) Lawfully pursue or enforce a person's legal rights, including, but not limited to, an audit, collection, investigation, or transfer of a tax, employee benefit, debt, claim, receivable, or account or an interest in a receivable or account. (v) Lawfully investigate, collect, or enforce a child or spousal support obligation or tax liability. (vi) Provide or administer employee or health insurance or membership benefits, claims, or retirement programs or to administer the ownership of shares of stock or other investments. (b) A use of all or more than 4 sequential digits of a social security number as a primary account number that meets both of the following: 2 (i) The use began before March 1, 2005. (ii) The use is ongoing, continuous, and in the ordinary course of business. If the use is stopped for any reason, this subdivision no longer applies. CONTROL OF ACCESS TO SOCIAL SECURITY NUMBERS • Access to records containing social security numbers is limited to employees who need to see those records for the performance of their duties. • Employees' access to records containing social security numbers shall be monitored through the use of logs or electronic audit trails. • During storage, electronic records containing social security numbers shall encrypt the social security numbers. Records in other media that contain social security numbers shall be stored in locked cabinets or otherwise secured against unauthorized access. DISPOSAL OF DOCUMENTS THAT CONTAIN SOCIAL SECURITY NUMBERS Discarding or destroying records in any medium containing social security numbers shall be done so in a way that protects the confidentiality of the social security numbers. It shall be accomplished by shredding, erasing, or otherwise modifying that portion of the record containing a social security number to make it unreadable or undecipherable, before the record is discarded. VIOLATION OF OAKLAND COUNTY SOCIAL SECURITY NUMBER PRIVACY POLICY An employee who knowingly violates this policy will be subject to disciplinary action up to and including dismissal. January 2006 3 4tizt Resolution #06031 March 9, 2006 Moved by Zack supported by Rogers the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, as amended, (with accompanying reports being accepted) were adopted. I MY APPROVE THE FOREGOINB RERUN" STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 9, 2006, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9th day of March, 2006. Ruth Johnson, County Clerk