DIVISION II – SOCIAL SECURITY NUMBER POLICY

            22-1-16         DEFINITIONS.

            “Person” means any individual in the employ of the County.

            “Policy” or “Privacy Policy” means this document, as now or hereafter amended.

            “Publicly post” or “publicly display” means to intentionally communicate or otherwise intentionally make available to the general public.

            “Social Security Number” means the nine (9) digit number assigned to an individual by the United States Social Security Administration for the purposes authorized or required under the United States Social Security Act of August 14, 1935, as amended (Public Law 74-271).

            22-1-17         PROHIBITED ACTIVITIES.

            (A)               No officer or employee of the County shall do any of the following:

                        (1)      Publicly post or publicly display 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 person or entity.

                        (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 United States Postal Service, any private mail service, electronic mail, or a similar method of delivery, unless Illinoisor 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 Illinois Unemployment Insurance Act, any material mailed in connection with any tax administered by the Illinois 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.

            (B)               Except as otherwise provided in this policy, beginning immediately on the effective date of the County’s authorizing Ordinance, no officer or employee of the County shall do any of the following:

                        (1)      Collect, use, or disclose a Social Security number from an individual, unless (i) 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; (ii) the need and purpose for the Social Security Number is documented before collection of the Social Security Number; and (iii) the Social Security Number collected is relevant to the documented need and purpose.

                        (2)      Require an individual to use his or her Social Security Number to access an Internet website.

                        (3)      Use the Social Security Number for any purpose other than the purpose for which it was collected.

            (C)               The prohibitions in subsection (B) do not apply in the following circumstances:

                        (1)      The disclosure of Social Security Numbers to agents, employees, contractors, or subcontractors of the County 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 County 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 County to protect an individual’s Social Security Number will be achieved.

                        (2)      The disclosure of Social Security Numbers pursuant to a court order, warrant, or subpoena.

                        (3)      The collection, use, or disclosure of Social Security Numbers in order to ensure the safety of: County 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 County facility.

                        (4)      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 standards of the County 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, then, in the event of any conflict with the provisions of this Policy, the stricter standards adopted by the County shall control.

            22-1-18         PUBLIC INSPECTION AND COPYING OF DOCUMENTS.  Notwithstanding any other provision of this policy to the contrary, all officers and employees of the County 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 County must redact Social Security Numbers from the information or documents before allowing the public inspection or copying of the information or documents.

            22-1-19         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.

            22-1-20         COMPLIANCE WITH FEDERAL LAW.  If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the County shall follow that law.

            22-1-21         EMBEDDED SOCIAL SECURITY NUMBERS.  Beginning immediately on the effective date of the County’s authorizing Ordinance, no officer or employee of the County 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.

            22-1-22         IDENTITY–PROTECTION REQUIREMENTS.

            (A)               All officers, employees and agents of the County identified as having access to Social Security Numbers in the course of performing their duties to be trained to protect the confidentiality of all 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.

            (B)               Only employees who are required to use or handle information or documents that contain Social Security Numbers have access to such information or documents.

            (C)               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.

            (D)               When collecting a Social Security Number or upon request by the individual, a statement of the purpose or purposes for which the County is collecting and using the Social Security Number be provided.

            (E)               A written copy of this Privacy Policy, and any amendment thereto, shall be filed with the County Commissioners within thirty (30) days after approval of this Policy or any amendment thereto.

            (F)               The County shall advise its employees of the existence of the Policy and make a copy of this Policy available to each employee, and shall also make this Privacy Policy available to any member of the public, upon request and at no charge for a single copy of this Privacy Policy.  If the County amends this Privacy Policy, then the County shall also advise its employees of the existence of the amended Policy and make a copy of the amended Policy available to each employee.

            22-1-23         PENALTY.  Any person who violates any portion of this Article, as now or hereafter amended, shall be subject to a fine of not less than One Hundred Dollars ($100.00) for the first such violation and a fine of not less than One Thousand Dollars ($1,000.00) for each violation thereafter.

            22-1-24         AMENDMENT OF PRIVACY POLICY.  The Privacy Policy adopted in this Division and Chapter shall be subject to amendment from time to time by theCountyCommissioners as the County Commissioners shall deem necessary in its sole discretion in order to maintain the County’s compliance with the Illinois Identity Protection Act as now or hereafter amended.

            22-1-25         CONFLICT WITH STRICTER LAWS.  This Policy does not supersede any more restrictive law, rule, or regulation regarding the collection, use, or disclosure of Social Security Numbers.

[NOTE:  This Policy is to comply with Public Act 096-9874 of the State of Illinois, cited as the Identity Protection Act, and codified as Title 30, Act 5, Section 1, et seq., as now or hereafter amended.]