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6.5. ERMUSR 06-12-2007Elk River Municipal Utilities 13069 Orono Parkway Elk River, MN 55330 June 1, 2007 To: Elk River Municipal Utilities commission Jerry Takle Jim Tralle Jerry Gumphrey From: Theresa Slominski Subject: Personal and/or Credit Use & Security Policy phone: 763.441.2020 Fax: 763.441.8099 At the last commission meeting, I updated the Commission on a product called Online Utility Exchange (OUE), which allows us to verify social security numbers for potential fraud and credit problems. After our attorneys reviewed the agreement from OUE, it was recommended that we create and adopt policies to recognize our fiduciary responsibility to be in compliance with the Fair Credit Reporting Act, and establish repercussions for its misuse. The attached Policy is the result of that request. It has been reviewed by our attorneys and by OUE. Staff recommends its adoption. Ells River GPfiunEcipal 1JUHUes Personal and/air Qred5Use & Security Policy Elk River Municipal Utilities (ERMU) collects social security numbers and has access to credit information in order to better position the organization to be able to collect unpaid debts. ERMU will request and use personal and/or credit information solely in connection with credit transactions involving the consumer as to whom such information is sought, or for other "permissible purposes" as defined by the Fair Credit Reporting Act, 15 U.S. C. Section 1681 et seq. ("FCRA") and to effect the collection of unpaid debts. 1. Effective Date The Plan's Credit Use Policy is effective XXX xx, xxxx. The Policy will remain in force until changed or rescinded by Management or Board Action. 2. Security Management Process Risk Analysis and Risk Management. Appropriate security measures are implemented to protect the confidentiality and integrity of this information described in this policy. Measures in place consist of limited dedicated user access to personal and/or credit information, employee signature acknowledging responsibility, computer passwords, locked cabinets, and locked facilities with limited access Employee Sanctions ERMU will apply appropriate employee sanctions to any employee ERMU who violates the Personal and/or Credit Use and Security Policy. Sanctions can include termination of employment when appropriate. 3. Security Official The Plan(s) will officially designate a Security Official and maintain written record of the designation. The current Security Official designation is the Finance Director. Responsibilities of The Plan(s) Security Official include: a. Periodically evaluate this policy and the procedures implemented to protect personal and/or credit information. The Security Official will maintain reasonable and appropriate policies and procedures to comply with the FCRA Standards and make appropriate changes when necessary. b. Regularly review the activity of any information systems involved in the maintenance or transmission of personal and/or credit information to determine if information has been used or disclosed in an inappropriate manner. 4. Workforce Security Employee authorization to access systems that obtains or transmits personal and/or credit information, including determination of appropriate employee clearance level, person authentication, and effective and timely termination of system access for employees who no Commission adopted longer qualify for system access will be the responsibility of the Security Official. The Security Official may delegate these duties to appropriate parties. S. Security Awareness and Training The Policy will require any employee of ERMi J who is involved in the administration or management of personal and/or credit information to certify in writing that they have received training and have read and understood The Personal and/or Credit Use & Security Policy. Employees will also be provided additional security training when available and appropriate. This training may include (but not be limited to) security reminders, protection from malicious software. At least once per year, the Security Officer will review the Personal and/or Credit Use & Security Policy with individuals involved in the administration and management of the information. 6. Workstation Use and Security Access and Audit Controls The Policy implements the following procedures to control access to personal and/or credit information and manage access to workstations that can be used to access personal and/or credit information. Employees will be assigned unique user names and passwords for systems used to access personal and/or credit information. The following workstation procedures will be implemented to minimize the potential risk of inappropriate use of personal and/or credit information to the extent possible and reasonable. a. When accessing personal and/or credit information on a workstation, employees will reduce visible windows or close programs whenever they are not physically present at the workstation or when individuals not authorized to access the personal and/or credit information can view the workstation. b. Workstation screensavers will be set to engage at a reasonably short timeframe. c. Workstations will be located in areas where viewing of personal and/or credit information by unauthorized individuals is unlikely. d. Users with portable workstations such as laptops or PDAs are not allowed to store personal and/or credit information on workstation drives. All personal and/or credit information should be stored on company servers subject to security procedures described in this policy unless the Security Officer determines it is necessary for plan administration purposes to store personal and/or credit information on portable workstations. Employees who have been granted access to personal and/or credit information according to the policies and procedures will be subject to the sanction policy if they allow unauthorized access to personal and/or credit information by circumventing access control (e.g. sharing their unique login I.D. and password). 7. Device and Media Controls and Integrity of Data, Destruction of Data Any personal and/or credit information stored by the company in electronic storage media will be subject to the following procedures to ensure that the personal and/or credit information is not inappropriately used. • All hardware, storage devices, and electronic media which contains or contained credit and/or personal information will be erased, re -formatted or rendered unusable in a technically sufficient manner prior to disposal, or re -use for other purposes, to assure no unauthorized access to credit and/or personal information is possible in the future. Additionally, all papers containing Commission adopted personal and/or credit information will be destroyed by burning, pulverizing, or shredding so that the information cannot practicably be read or reconstructed. • The Plan's Security Official will be responsible to ensure that electronic media is controlled in accordance with this policy and maintain any reasonable documentation necessary. Commission adopted Fair Credit Reporting Act Personal and/or Credit Use & Security Employee Responsibility Form I, , have read and understand Elk River Municipal (Employee Name) Utilities policies regarding the request and use of credit information received, as mandated by the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. ("FCRA"). In addition, I acknowledge that I have received training in Elk River Municipal Utilities policies concerning credit information use, disclosure, storage and destruction. In consideration of my employment or compensation from Elk River Municipal Utilities, I hereby agree that I will not at any time — either during my employment or association with Elk River Municipal Utilities or after my employment or association ends — use, access or disclose personal and/or credit information to any person or entity, internally or externally, except as is required and permitted in the course of my duties and responsibilities with Elk River Municipal Utilities, as set forth in Elk River Municipal Utilities privacy policy and procedures or as permitted under FCRA. I understand that this obligation extends to any personal and/or credit information that I may acquire during the course of my employment or association with Elk River Municipal Utilities, whether in oral, written or electronic form and regardless of the manner in which access was obtained. I understand and acknowledge my responsibility to apply Elk River Municipal Utilities policies and procedures during the course of my employment or association. I also understand that unauthorized use or disclosure of credit information will result in disciplinary action, up to and including termination of employment or association with Elk River Municipal Utilities and the imposition of civil penalties and criminal penalties under applicable federal and state law, as well as professional disciplinary action as appropriate. I understand that this obligation will survive the termination of my employment or end of my association with Elk River Municipal Utilities, regardless of the reason for such termination. Signature Name Date Fair Credit Reporting Act Personal and/or Credit Information Use & Security Designation of Security Official Elk River Municipal Utilities, hereby designates the Finance Director as Security Official for the Credit Use and Security Policy. This designation shall remain in force until changed in writing by Management or the Board of Directors. Signed Title Date