Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. The university will
establish an identity theft prevention program pursuant to part 681 of Title 16 of
the Code of Federal Regulations, implementing sections 114 and 315 of the Fair
and Accurate Credit Transactions Act ("FACTA") of 2003. The program is designed to detect, prevent and mitigate
identity theft in connection with the opening of a covered account or existing
covered account within the university. The program is commensurate to the size
and complexity of the university as a creditor.
(B) Purpose. The purpose of this policy is to
enable appropriate university officials to develop and implement policies and
procedures to address the risks of identity theft to its students, faculty,
staff, vendors and other customers.
(C) Definitions. All terms used in this
policy that are defined in
16 C.F.R.
section 681.2 shall have the same meaning
provided therein.
(D) Parameters.
(1) The requirements of this policy apply to
all university departments and organizations, which: regularly arrange for the
extension, renewal or continuation of credit; defer payment for services
rendered and/or regularly extend, renew or continue credit;
furnish information to consumer reporting
agencies; or use consumer reports to conduct credit or background checks
on prospective employees.
(2) This
policy incorporates by reference university policies and procedures to the
extent necessary to accomplish the purpose of this policy and to comply with
16 C.F.R.
section 681.2, including but not limited to
the following rules of the Administrative Code:
(a) Rule
3356-4-09-
"Acceptable use of university technology resources";
(b) Rule
3356-3-08-
"Cash collection sites";
(c) Rule
3356-9-06-
"Professional conduct of faculty, department chairpersons, and
professional/administrative employees";
(d) Rule
3356-4-13-
"Sensitive information/information
security";
(e) Rule
3356-3-04-
"Contract compliance and administration."
(3) At a minimum, the university's identity
theft prevention program will include:
(a)
Guidelines for identifying patterns, practices or specific activities that
indicate the possible existence of an identity theft;
(b) Identification of reasonable and
appropriate action steps that will be taken when a pattern, practice or
specific activity has been detected;
(c) Processes for requiring that accounts
accessed or managed by external vendors on behalf of the university have
implemented an appropriate program;
(d) Training to educate employees
whose job is
pertinent to the program as described in
paragraph (D)(1) of this policy;
(e) Periodic review and updates to the
program;
(f) Annual program
reporting to appropriate university leadership.
(4) In administering the program, the vice
president for finance and business operations (chief financial officer) shall:
(a) Assign specific responsibility for the
program's implementation;
(b)
Review reports prepared pursuant to paragraph (D)(8) of
this policy;
(c) Approve all
material changes to the program as necessary to address changing identity theft
risks.
(5) The program
shall include procedures to ensure that the activities of service providers are
conducted in accordance with reasonable policies and procedures designed to
detect, prevent and mitigate the risk of identity theft whenever the
organization engages a service provider to perform an activity in connection
with one or more covered accounts.
(6) The program shall include relevant red
flags from the following categories as appropriate:
(a) Alerts, notifications, or other warnings
received from consumer reporting agencies or service providers, such as fraud
detection services;
(b) The
presentation of suspicious documents;
(c) The presentation of suspicious personal
identifying information;
(d) The
unusual use of, or other suspicious activity related to, a covered
account;
(e) Notice from customers,
victims of identity theft, law enforcement authorities, or other persons
regarding possible identity theft in connection with covered
accounts.
(7) The
program shall provide for appropriate responses to detected red flags to
prevent and mitigate identity theft. The response shall be commensurate with
the degree of risk posed. Appropriate responses may include:
(a) Monitor a covered account for evidence of
identity theft;
(b) Contact the
customer;
(c) Change any passwords,
security codes or other security devices that permit access to a covered
account;
(d) Reopen a covered
account with a new account number;
(e) Not open a new covered account;
(f) Close an existing covered
account;
(g) Notify law
enforcement;
(h) Determine no
response is warranted under the particular circumstances.
(8) Program reports. Each annual report shall
address material matters related to the program and shall evaluate:
(a) The effectiveness of the program in
accomplishing its purpose;
(b) Any
service provider arrangements;
(c)
Any significant incidents involving identity theft that may have occurred and
the university's response to those incidents;
(d) All recommendations for material changes
to the program.