Current through all regulations passed and filed through September 16, 2024
(A)
Introduction.
(1)
The university of
Akron is committed to the detection, prevention and mitigation of identity
theft associated with financial credit accounts. 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.
(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.
681.2, including but not limited to the following rules of
the Administrative code :
(a)
3359-11-08: policies and procedure for student
records:
(b)
3359-11- 10.3: information technology security and
system integrity policy:
(c)
3359-11- 10.4: customer information security
policy:
(d)
3359-11- 10.6: social security number use policy:
and
(e)
3359-11- 10.7: privacy
policy.
(B)
Scope of
policy.
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: or. use consumer
reports to conduct credit or background checks on prospective
employees.
(C)
Definitions.
All terms used in this policy that are
defined in 16 C.F.R. 681.2 shall have
the same meaning provided in that section.
(D)
Establishment of
an identity theft program.
The university hereby establishes an
identity theft program ("program") to detect, prevent, and mitigate identity
theft in connection with the opening of covered accounts and existing covered
accounts, as defined in the Code of Federal Regulations. The program shall
enable the university to:
(1)
Identify relevant red flags from the categories
described in
paragraph (F) of this rule that signal possible identity
theft and incorporate those red flags into the program:
(2)
Detect red flags
that have been incorporated into the program:
(3)
Respond
appropriately to detected red flags to prevent and mitigate identity theft:
and
(4)
Ensure the program (including the relevant red flags)
is updated periodically to reflect changes in the risks of identity
theft.
(E)
Administration of the program.
(1)In general.
(a)
The associate
vice president and controller shall administer and oversee the program and
ensure that it is implemented in all appropriate departments, including:
coordinating the training of staff as necessary: determining the proper
response to detected red flags: and updating the program to address changing
areas of risk.
(b)
The associate vice president and controller shall have
primary responsibility for preparing reports in accordance with
paragraph
(E)(3) of this rule and overseeing service provider arrangements.
(2)
Program oversight. In administering the program, the
vice president for finance and administration/CFO shall:
(a)
Assign specific
responsibility for the program's implementation:
(b)
Review reports
prepared pursuant to
paragraph (E)(3) of this rule; and
Approve all material changes to the program as necessary to
address changing identity theft risks.
(3)
Program reports.
The associate vice president and controller shall prepare annual reports
regarding compliance with 16 C.F.R.
681.2. and provide each
report to the vice president for finance and administration/CFO for review.
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: and
(d)
All
recommendations for material changes to the program.
(4)
Oversight of
service providers. The university is ultimately responsible for compliance with
16 C.F.R.
681.2, even when it engages a service provider to perform an
activity in connection with one or more covered accounts. Therefore, the
University shall require each service provider by contract to:
(a)
Abide by this
identity theft policy and the program: and
(b)
Cooperate with
the university to prevent or mitigate the risks of identity theft arising from
red flags detected under the program.
(F)
Identification,
sources, and categories of red flags.
(1)
The university
shall look to any covered accounts it offers and maintains, the methods it
provides to open and access those covered accounts, and any previous
experiences with identity theft to identify relevant red flags under the
program. It shall incorporate relevant red flags from sources including its
past incidents of identity theft, changes in methods of identity theft, and
applicable laws, rules, or regulations. Categories of relevant red flags
include:
(a)
Alerts, notifications, or other warnings received from
consumer reporting agencies or service providers, such as fraud detection
services:
(b)
Presentation of suspicious documents or suspicious
personal identifying information, such as a suspicious address
change:
(c)
Unusual use of. or other suspicious activity related
to. a covered account: and
(d)
Notice from
customers, victims of identity theft, law enforcement authorities, or other
persons regarding possible identity theft in connection with the university's
covered accounts.
(2)
Examples of red
flags from each category are attached
as appendix A of this rule. The
university may choose which of these red flags to incorporate into its program,
whether singly or in combination, which affect the risk of identity theft to
the university and its covered accounts. None are mandatory or
prescriptive.
(G)
Detecting red flags.
The program shall detect red flags in
connection with covered accounts by:
(1)
Obtaining
identifying information about, and verifying the identity of. a person opening
a covered account, including but not limited to requiring positive proof of
identification (i.e. physically presenting photo ID. official government ID. or
valid system credentials (user ID and password)); and
(2)
Authenticating
customers, monitoring transactions, and verifying the validity of change of
address requests, in the case of existing covered accounts, including but not
limited to through use of the following methods: presentation of positive proof
of identification.
(H)
Responding to red
flags (prevention and mitigation).
The university must act promptly and
effectively to respond to red flags. To this end, the university shall utilize
the following protocol:
(1)
Any person detecting a red flag immediately shall
gather all related documentation, write a description of the incident, and
report this information to the associate vice president and
controller.
(2)
The associate vice president and controller shall
evaluate the incident and report his or her findings to the vice president for
finance and administration/CFO.
(3)
Not all detected
red flags will require a response. If a response is warranted under the
circumstances, then the associate vice president and controller and the vice
president for finance and administration/CFO shall take action appropriate to
the level of risk presented, including but not limited to:
(a)
Monitoring a
covered account for evidence of identity theft;
(b)
Contacting the
customer;
(c)
Changing any passwords, security codes or other
security devices that permit access to a covered account;
(d)
Reopening a
covered account with a new account number;
(e)
Not opening a new
covered account;
(f)
Closing an existing covered account;
(g)
Not attempting to
collect on a covered account or not selling a covered account to a debt
collector; and/or
(h)
Notifying law enforcement.
(I)
Updating the program.
The university shall periodically
re-evaluate whether the program continues to be appropriate and effective in
accomplishing its purpose. These periodic reviews will include an assessment of
the university's covered accounts, the relevant red flags, and responses to
identity theft. The university shall consider the following factors when
updating the program:
(1)
Information contained in the annual reports prepared
under the program;
(2)
The university's experiences with identity
theft;
(3)
Changes in methods of identity theft and in methods to
detect, prevent, and mitigate incidences of the same;
(4)
Changes to the
types of accounts offered by the university; and
(5)
Changes in the
university's business arrangements, including mergers, acquisitions, alliances,
joint ventures, and service provider arrangements.
(J)
Other legal
requirements.
The university shall comply with any
other applicable legal requirements when implementing, operating, and updating
the program.
Replaces: 3359-11- 10.8
