Policy on Policies and Identity Theft Prevention Plan: Difference between pages

From Appalachian State University Policy Manual
(Difference between pages)
imported>Mcnaneym
No edit summary
 
>Hildebranwl
 
Line 1: Line 1:
== 1.  INTRODUCTION ==
Policy 105.3
== Introduction ==
=== Program Adoption ===
1.1.1 As a best practice and using as a guide the Federal Trade Commission's Red Flags Rule (16 CFR Part 681, implementing Section 114 of the Fair and Accurate Credit Transactions Act of 2003, Public Law 108-159) and North Carolina General Statutes, Chapter 75, Article 2A, Appalachian State University (the "University") has developed an Identity Theft Prevention Program (the "Program") described below. This Program was developed with oversight and approval of the Board of Trustees of Appalachian State University (the "Board"). After consideration of the size and complexity of the Universitys operations and account systems, and the nature and scope of the Universitys activities, the Board determined that this Program was appropriate for the University, and approved it on September 24, 2010 (the "Effective Date").  The purpose of this Program is to detect, prevent and mitigate identity theft in connection with any covered account. This Program envisions the implementation of policies and procedures subject to the Chancellor's approval in order to achieve these goals.


The Appalachian State University Resource Manual provides (1) a single site to facilitate the location of policies and procedures (“policies”) that govern university personnel and operations and (2) a uniform format and reference system to make access and reference to policies convenient. The Office of General Counsel maintains copies of approved policies and assigns a number and subject heading to all policies once they have been approved by the Chancellor or Board of Trustees. The website has a powerful search engine to enable any user to easily locate subject matter of interest in the Resource Manual. A policy template provides a standardized format for creation and revision of policies. This policy describes the elements of the template and provides guidance on how to draft clear and user-friendly policies.  
== Scope ==
2.1 All University personnel whose employment duties require or allow access to identifying information of other employees or students are responsible for implementing this Program.


== 2. SCOPE ==
== Definitions ==


This policy applies to all policies published in the Resource Manual.
=== "Covered Account"  ===
:Any account that constitutes a continuing financial relationship or is designed to permit multiple payments or transactions between the University and a person for a service, such as extension of credit, debit cards, Perkins Loans, Federal Family Education Loan Program (FFELP), institutional loans, accounts covered by the Health Insurance Portability and Accountability Act (HIPAA), deposit accounts, scholarship accounts, student accounts, and tuition payment plans.  


== 3. DEFINITIONS  ==
:Any other account that the University offers or maintains for which there is a reasonably foreseeable risk to holders of the account or to the University from identity theft, such as use of consumer reports for employee background checks, credit applications and institutional debit card applications. This may include operations of utilities (e.g., New River Light & Power Company), clinical and research activities, and public service activities.


3.1  “Board of Trustees” or “Board” means the Board of Trustees of Appalachian State University.
=== Identifying Information ===
:Means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including, but not limited to:


3.2  “Chancellor’s Cabinet” means the Provost and Executive Vice Chancellor, the Vice Chancellor Business Affairs, the Vice Chancellor for Student Development, the Vice Chancellor for University Advancement, the Chief of Staff, the Director of External Affairs and Community Relations, the Director of Human Resource Services, the Director of Athletics and the General Counsel.
#name
#address
#telephone number
#social security number
#date of birth
#government-issued driver's license or identification number
#alien registration number
#government passport number
#employer or taxpayer identification number
#individual identification number
#computer's Internet Protocol address
#bank or other financial account routing code


== 4.  POLICY AND PROCEDURE STATEMENTS  ==
=== Identity Theft ===
:Means a fraud committed or attempted using the identifying information of another person without authority [16 CFR 603.2(a)].


4.1  Uniform Template.  A uniform policy template has been established to provide guidance to drafters of policies and uniformity to the policy website. The title is written at the top of the template along with a number and general subject category assigned by the Office of General Counsel.  
=== Program Administrator ===
:Means the individual designated with primary responsibility for oversight of this Program.


4.2  Format.  New policies should be drafted in numerical outline format, using _________________ font and left justified margins, following the policy template. Section titles and subtitles should be used in the body of the text where appropriate.  Policies should be written in active voice. In general, every sentence should have meaning and relate to the heading or sub-heading under which it is found.
=== Red Flag ===
:Means a pattern, practice, alert or specific activity that indicates the possible existence of identity theft.


4.3  Headings and Sub-headings.  Use headings and sub-headings that let the reader know the content of each section. Policies can be either simple or complex, depending upon the substantive matters that are addressed. The following section headings should be included in a proposed policy:
=== Service Provider ===
:Means a person or entity that provides a service directly to the University.


1.  INTRODUCTION
== Policy and Procedure Statements ==
2.  SCOPE
3.  DEFINITIONS
4.  POLICY and PROCEDURE STATEMENTS
5.  ADDITIONAL REFERENCES
6.  AUTHORITY
7.  CONTACT INFORMATION
8.  EFFECTIVE DATE
9. REVISION DATES


Some headings may not be applicable, depending upon the subject matter and scope of the policy. If so, the section heading should be set out in the policy and annotated as “Not applicable” or “N/A,” or “None.”  Further explanation of the substance of each section is set forth below, unless the heading is self-explanatory:  
=== Identification of Red Flags ===
4.1.1 In order to identify relevant red flags, the University considers the types of covered accounts it offers or maintains, the methods it provides to open its covered accounts, the methods it provides to access its covered accounts, and its previous experiences with identity theft. Red flags may be detected while implementing existing account opening and servicing procedures (example: individual identification, caller authentication, third party authorization, and address changes).


4.3.1  Introduction:  Describes the relevant background and reasons for the policy, and a brief statement about what the policy will address. Some examples of the purpose or reason for a policy are the following:  
4.1.2 The University identifies the following as red flags in each of the listed categories:


a. To comply, or explain how to comply, with State or federal law or University of North Carolina (“UNC”) policy;  
#Notifications and warnings from consumer reporting agencies
b. To ensure accountability and/or explain or describe expected behavior; and
##Report of fraud accompanying a credit report;
c. To recognize and/or balance the legitimate interests/expectations of various university administrative/academic units or constituencies;
##Notice or report from a credit agency of a credit freeze on an applicant;
##Notice or report from a credit agency of an active duty alert for an applicant;
##Receipt of a notice of address discrepancy in response to a credit report request; and
##Indication from a credit report of activity that is inconsistent with an applicant's usual pattern or activity
#Suspicious documents
##Identification document or card that appears to be forged, altered or inauthentic;
##Identification document or card on which a person?s photograph or physical description is not consistent with the person presenting the document;
##Other document with information that is not consistent with existing individual information; and
##Application that appears to have been altered or forged.
#Suspicious personal identifying information
##Identifying information that is inconsistent with other information the individual provides (example: inconsistent birth dates);
##Identifying information that is inconsistent with other sources of information (example: an address not matching an address on a loan application);  
##Identifying information that is the same as information shown on other applications that were found to be fraudulent;
##Identifying information that is consistent with fraudulent activity (examples: an invalid phone number or fictitious billing address);
##Social security number that is the same as one given by another individual;
##An address or phone number that is the same as that of another person;
##A person fails to provide complete personal identifying information on an application when reminded to do so; and  
##A person's identifying information is not consistent with the information that is on file for the individual.
#Suspicious covered account activity
##Change of address for an account followed by a request to change the individual's name;
##Payments stop on an otherwise consistently up-to-date account;
##Account used in a way that is not consistent with prior use;
##Mail sent to the individual is repeatedly returned as undeliverable;
##Notice to the University that an individual is not receiving mail sent by the University;
##Notice to the University that an account has unauthorized activity;
##Breach in the University's computer system security; and  
##Unauthorized access to or use of individual account information. 
#Alerts from others
##Notice to the University from an identity theft victim, law enforcement officer or other person that the University has opened or is maintaining a fraudulent account for a person engaged in identity theft.


4.3.2  Scope:  Addresses who or what is covered by the policy. For example, who must observe the policy and follow its procedure; who must understand the policy to do their jobs. Most policies have a primary audience and a secondary audience. The policy should focus directly on the primary audience in writing the policy. If there are two primary audiences, the policy should be clear in each section which audience is being addressed.  Any locations, persons, or organizations that are excluded or excepted from application of the policy or any funding sources or job classifications that are excluded from the policy should be identified. This provision may also include information about special circumstances that affect only a few people or circumstances that occur infrequently.
=== Detection of Red Flags ===


4.3.3  Definitions:  Defines any technical language or words used in a special sense.
==== Student Enrollment ====


4.3.4  Policy and Procedure Statement(s): Policies create administrative structures, set priorities, assign responsibility, delegate authority, establish accountability, and define reporting requirements.  Policy statements contain substantive provisions that create rights, privileges or duties. They essentially state what conduct and activities are prescribed or prohibited, and why. Depending upon the complexity of the subject matter, this may be a simple paragraph or may contain various numbered sections with subtitles.  Procedures identify the “who, how, when, and where” of university operations.
4.2.1.1 In order to detect any of the red flags identified above associated with the enrollment of a student, University personnel shall take the following steps to obtain and verify the identity of the person opening the account:


4.3.5  Additional References: Other information relevant to the policies, such as guidelines, forms, charts, and handbooks
#Require certain identifying information such as name, date of birth, academic records, home address or other identification; and
#Verify the individual's identity at time of issuance of individual
4.2.1.2 Identification card (example: review of driver's license or other government-issued photo identification).
 
==== New Customers or Clients ====
 
4.2.2.1 In order to detect any of the red flags identified above associated with service to a new customer or client, University personnel shall take the following steps to obtain and verify the identity of the person opening the account:
 
#Require certain identifying information such as name, date of birth, academic records, home address or other identification; and
#Verify the individual's identity at time of issuance of individual
 
4.2.2.2 Identification card (example: review of driver's license or other government-issued photo identification).
 
==== Existing Accounts ====
 
4.2.3.1 In order to detect any of the red flags identified above for an existing covered account, University personnel shall take the following steps to monitor transactions on an account:
 
#Verify the identification of individuals if they request information (in person, via telephone, via facsimile, via email);
#Verify the validity of requests to change billing addresses by mail or email and provide the individual a reasonable means of promptly reporting incorrect billing address changes; and
#Verify changes in banking information given for billing and payment purposes.
 
==== Consumer ("Credit") Report Requests ====
 
In order to detect any of the red flags identified above in regard to an employment or volunteer position for which a credit or background report is sought, University personnel shall take the following steps to assist in identifying address discrepancies:


4.3.6  Authority: Relevant statute, regulation, UNC Policy Manual provision or other authority
#Require written verification from any applicant that the address provided by the applicant is accurate at the time the request for the credit report is made to the consumer reporting agency; and
#In the event that notice of an address discrepancy is received, verify that the credit or background report pertains to the applicant for whom the requested report was made and report to the consumer reporting agency an address for the applicant that the University has reasonably confirmed is accurate.


4.3.7  Contact Information: Title and phone number of official or office responsible for implementation of or monitoring compliance with policy
=== Response to Red Flags ===


4.3.8  Effective Date
4.3.1 Once potentially fraudulent activity is detected, an employee must act promptly to protect individuals and the University from damages and loss. At a minimum, the employee must gather all related documentation, write a description of the situation, and present this information to the program administrator.


4.3.9  Revision Dates
4.3.2 The program administrator will complete additional investigation if necessary to determine whether the attempted transaction was fraudulent or authentic.


4.4  Consistency with Governing Authority.  Policies must be consistent with all applicable governing authority. If a policy is to implement a federal or state law, a policy of the Board of Governors or the Board of Trustees, or a directive from the Office of the President, the introduction should note this and the remainder of the policy should be consistent with the higher governing authority.  
4.3.3 If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include (1) canceling the transaction; (2) notifying and cooperating with appropriate law enforcement personnel; (3) determining the extent of liability of the University; and (4) notifying the individual upon whom fraud has been attempted or whose identifying information has been subjected to a security breach.


4.5  Essential Subject Matter.  Policies should be concise, understandable and contain only material essential to the policy. Brevity and clarity should be sought whenever possible.
=== Prevention and Mitigation of Identity Theft ===


4.5.1  Historical Information. Historical information may be useful, but it should not be in the policy. Such information may be in a task force report or other explanatory material that can be hyperlinked in the Additional References section of the template to provide the reader with additional information.
In the event University personnel detect any identified red flags, such personnel shall take one or more of the following steps to prevent and mitigate identity theft, depending on their determination of the degree of risk posed by the red flag:


4.5.2 Statutes, Regulations, UNC Policy Manual or Board of Trustees Policies. Do not repeat language from statutes, regulations, Board of Governors’ policies or Board of Trustees’ policies unless it is necessary. Instead, reference the law, regulation or policy (with a hyperlink when appropriate) and include it in the “Authority” section.  
#Continue to monitor a covered account for evidence of identity theft;  
#Contact the individual or applicant (for whom a credit or background report was run);
#Change any passwords or other security devices that permit access to covered accounts;
#Refuse to open a new covered account;
#Provide the individual with a new individual identification number;
#Notify the program administrator for determination of the appropriate step(s) to take;
#Notify appropriate law enforcement personnel;
#File or assist in filing a Suspicious Activity Report ("SAR") with the Financial Crimes Enforcement Network, United States Department of the Treasury; and/or
#Determine that no response is warranted under the particular circumstances.  


4.5.3 Webpages, Forms, Handbooks and other References. Unit webpage or other information relating to the policies, such as guidelines, forms, charts, and handbooks, should not be incorporated into the body of the policy, but should be listed and hyperlinked in the Additional References section following the text of the policy. ASU policies and forms and policies in the UNC Policy Manual may be hyperlinked within the body of the policy. References and hyperlinks to policies within the body of the policy should be to the title of the policy (not the http address). References to forms should be to the title of the form and the office or title of the person from whom they can be obtained since all forms may not be available electronically. No other hyperlinks may be made within the body of the policy. Other hyperlinks may be inserted in the Additional References section. References to persons to contact within the body of the policy should be by official title only.  
==== Protect Identifying Information ====
 
4.6  Official Policies.  Official policies of Appalachian State University are those approved by the Board of Trustees and certified by the Secretary or Assistant Secretary of the Board, or approved by the Chancellor.  Copies of official policies are maintained in the Office of General Counsel. The Board of Trustees may adopt policies on subject matter within its purview on its own initiative or upon the recommendation of the Chancellor. In the absence of an express delegation of authority by the Chancellor, all other policies must be approved by the Chancellor or the Chancellor’s designee.
In order to further prevent the likelihood of identity theft occurring with respect to covered accounts, the University will take the following steps to protect individual identifying information:
 
#Ensure that its website is secure or provide clear notice that the website is not secure;
#Ensure complete and secure destruction of paper documents and computer files containing individual account information when a decision has been made to no longer maintain such information;
#Ensure that office computers with access to covered account information are password protected;
#Ensure that laptops are password protected and encrypted;
#Avoid use of social security numbers;
#Ensure the security of the physical facility that contains covered account information;
#Ensure that transmission of information is limited and encrypted when necessary;
#Ensure computer virus protection is up to date; and
#Require and keep only the kinds of individual identifying information that is necessary for University purposes.
 
=== Additional Identity Theft Prevention Measures ===
==== Hard Copy Distribution ====
Each employee and contractor performing work for the University will comply with the following procedures:
 
#File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with identifying information will be locked when not in use.
#Storage rooms containing documents with identifying information and record retention areas will be locked at the end of each workday or when unsupervised.
#Desk workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing identifying information when not in use.
#Whiteboards, dry-erase boards, writing tablets, and other writing surfaces in common shared work areas will be erased, removed, or shredded when not in use.
#When documents containing identifying information are discarded, they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense-approved shredding device. Locked shred bins are labeled "Confidential paper shredding and recycling."
 
=== Program Administration ===
==== Oversight ====
The responsibility for developing, implementing and updating this Program lies with the program administrator designated by the Chancellor. The program administrator shall be responsible for ensuring appropriate training of University staff on the Program, for reviewing any staff reports regarding the detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program.
 
==== Staff Training ====
University employees responsible for implementing the Program shall be trained under the direction of the program administrator in the detection of red flags and the responsive steps to be taken when a red flag is detected.
 
==== Reports ====
Appropriate staff shall report to the program administrator at least annually on compliance with this Program. The report shall address matters such as the effectiveness of the policies and procedures of the University in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts; service provider arrangements; significant incidents involving identity theft and the University's response; and recommendations for material changes to the Program.
 
==== Service Provider Arrangements ====
In the event the University engages a service provider to perform an activity in connection with one or more covered accounts, the University will take the following steps to ensure the service provider performs its obligations in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft, including the following:
 
#Require, by signed contract, that service providers have such policies and procedures in place; and
#Require, by signed contract, that service providers review the University's Program and report any red flags to the program administrator.  
 
==== Program Updates ====
The program administrator shall review and update this Program at least annually to reflect changes in risks to individuals and the University from identity theft. In doing so, the program administrator shall consider the University's experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the University's business arrangements with other entities.
 
== Additional References ==
This Program incorporates by reference the following policies and procedures:


4.7  Proposals. Any person may propose a new policy or revision of an existing policy by submitting a proposal in accordance with the uniform template linked to this policy. The proposal may be submitted to the contact identified in an existing policy; an employee’s supervisor; a vice chancellor or other member of the Chancellor’s Cabinet. The recipient of the proposal shall review the proposal and make a recommendation concerning its approval to the recipient’s next-level supervisor.
#[http://policy.appstate.edu/Use_of_Computers_and_Data_Communications Policy on the Use of Computers and Data Communication]
#[http://www.nss.appstate.edu/standards/open-servers-vlan-policy Computer Systems Security Policy]
#[http://policy.appstate.edu/Remote_Access_Policy Remote Access Policy]
#[http://policy.appstate.edu/Trusted_Access_Policy Trusted Access Policy]
#[http://policy.appstate.edu/Network_Risk_Assessment_Policy Network Risk Assessment Policy]
#[http://policy.appstate.edu/Virtual_Private_Network_(VPN)_Policy Virtual Private Network (VPN) Policy]
#[http://policy.appstate.edu/Wireless_Networking_Policy_and_Process Wireless Networking Policy]
#[http://policy.appstate.edu/Wireless_Networking_Policy_and_Process Wireless to Trusted Network Policy]
#[http://policy.appstate.edu/Statement_of_Confidentiality Statement of Confidentiality]


4.8  Review.  A Cabinet member who receives a proposal for a new or revised policy may consult with individual personnel and one or more advisory bodies for recommendations on adoption or revision.  Following review at the Cabinet member’s discretion, the Cabinet member will submit the proposal and that official’s recommendation to the Chancellor for action on the proposal.
== Authority ==


4.9 Approval.  If the Chancellor approves a policy proposal within the Chancellor’s purview, the Office of General Counsel will prepare a copy of the policy for the Chancellor’s signature.  If the subject matter of the policy requires Board of Trustees approval, the Chancellor may present the proposal to the Board at the Chancellor’s discretion together with the Chancellor’s recommendation on the proposal.  Upon approval by the Board of Trustees, the Board’s Secretary or Assistant Secretary shall certify a true and accurate copy of the policy and transmit it to the Office of General Counsel for filing and publication.  The General Counsel is authorized to revise approved policies to correct typographical and grammatical errors, update webpage links, and otherwise make policies consistent with State and federal laws and regulations, and policies adopted by the Board of Governors of The University of North Carolina.
16 CFR Part 681
   
Fair and Accurate Credit Transactions Act of 2003, Public Law 108-159


4.10  Publication.  Upon receipt of a certified copy or original signed by the Chancellor, the Office of General Counsel shall assign a number and subject matter title, if needed, and publish the text of the policy in the Resource Manual.
North Carolina General Statutes, Chapter 75, Article 2A


== 5.  ADDITIONAL REFERENCES: ==
== Contact Information ==


== 6.  AUTHORITY: ==
G.S. 116-11(13) and (14), G.S. 116-33 and 116-34; The UNC Policy Manual, Chapter 100.1, Sections 403, 502C and 502D, and Appendix 1 - Delegations of Duty and Authority to Boards of the Trustees


== 7.  CONTACT INFORMATION:==
== Original Effective Date ==
Office of General Counsel (828.262.2751)


== 8.  EFFECTIVE DATE: ==
== Revision Dates ==
:November 5, 2021 - previously policy 105.5


== 9.  REVISION DATES: ==
[[Category:Contents]]
(None)
[[Category:Governance and Administration]]
[[Category:Records]]

Revision as of 17:24, 3 March 2023

Policy 105.3

Introduction

Program Adoption

1.1.1 As a best practice and using as a guide the Federal Trade Commission's Red Flags Rule (16 CFR Part 681, implementing Section 114 of the Fair and Accurate Credit Transactions Act of 2003, Public Law 108-159) and North Carolina General Statutes, Chapter 75, Article 2A, Appalachian State University (the "University") has developed an Identity Theft Prevention Program (the "Program") described below. This Program was developed with oversight and approval of the Board of Trustees of Appalachian State University (the "Board"). After consideration of the size and complexity of the Universitys operations and account systems, and the nature and scope of the Universitys activities, the Board determined that this Program was appropriate for the University, and approved it on September 24, 2010 (the "Effective Date"). The purpose of this Program is to detect, prevent and mitigate identity theft in connection with any covered account. This Program envisions the implementation of policies and procedures subject to the Chancellor's approval in order to achieve these goals.

Scope

2.1 All University personnel whose employment duties require or allow access to identifying information of other employees or students are responsible for implementing this Program.

Definitions

"Covered Account"

Any account that constitutes a continuing financial relationship or is designed to permit multiple payments or transactions between the University and a person for a service, such as extension of credit, debit cards, Perkins Loans, Federal Family Education Loan Program (FFELP), institutional loans, accounts covered by the Health Insurance Portability and Accountability Act (HIPAA), deposit accounts, scholarship accounts, student accounts, and tuition payment plans.
Any other account that the University offers or maintains for which there is a reasonably foreseeable risk to holders of the account or to the University from identity theft, such as use of consumer reports for employee background checks, credit applications and institutional debit card applications. This may include operations of utilities (e.g., New River Light & Power Company), clinical and research activities, and public service activities.

Identifying Information

Means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including, but not limited to:
  1. name
  2. address
  3. telephone number
  4. social security number
  5. date of birth
  6. government-issued driver's license or identification number
  7. alien registration number
  8. government passport number
  9. employer or taxpayer identification number
  10. individual identification number
  11. computer's Internet Protocol address
  12. bank or other financial account routing code

Identity Theft

Means a fraud committed or attempted using the identifying information of another person without authority [16 CFR 603.2(a)].

Program Administrator

Means the individual designated with primary responsibility for oversight of this Program.

Red Flag

Means a pattern, practice, alert or specific activity that indicates the possible existence of identity theft.

Service Provider

Means a person or entity that provides a service directly to the University.

Policy and Procedure Statements

Identification of Red Flags

4.1.1 In order to identify relevant red flags, the University considers the types of covered accounts it offers or maintains, the methods it provides to open its covered accounts, the methods it provides to access its covered accounts, and its previous experiences with identity theft. Red flags may be detected while implementing existing account opening and servicing procedures (example: individual identification, caller authentication, third party authorization, and address changes).

4.1.2 The University identifies the following as red flags in each of the listed categories:

  1. Notifications and warnings from consumer reporting agencies
    1. Report of fraud accompanying a credit report;
    2. Notice or report from a credit agency of a credit freeze on an applicant;
    3. Notice or report from a credit agency of an active duty alert for an applicant;
    4. Receipt of a notice of address discrepancy in response to a credit report request; and
    5. Indication from a credit report of activity that is inconsistent with an applicant's usual pattern or activity
  2. Suspicious documents
    1. Identification document or card that appears to be forged, altered or inauthentic;
    2. Identification document or card on which a person?s photograph or physical description is not consistent with the person presenting the document;
    3. Other document with information that is not consistent with existing individual information; and
    4. Application that appears to have been altered or forged.
  3. Suspicious personal identifying information
    1. Identifying information that is inconsistent with other information the individual provides (example: inconsistent birth dates);
    2. Identifying information that is inconsistent with other sources of information (example: an address not matching an address on a loan application);
    3. Identifying information that is the same as information shown on other applications that were found to be fraudulent;
    4. Identifying information that is consistent with fraudulent activity (examples: an invalid phone number or fictitious billing address);
    5. Social security number that is the same as one given by another individual;
    6. An address or phone number that is the same as that of another person;
    7. A person fails to provide complete personal identifying information on an application when reminded to do so; and
    8. A person's identifying information is not consistent with the information that is on file for the individual.
  4. Suspicious covered account activity
    1. Change of address for an account followed by a request to change the individual's name;
    2. Payments stop on an otherwise consistently up-to-date account;
    3. Account used in a way that is not consistent with prior use;
    4. Mail sent to the individual is repeatedly returned as undeliverable;
    5. Notice to the University that an individual is not receiving mail sent by the University;
    6. Notice to the University that an account has unauthorized activity;
    7. Breach in the University's computer system security; and
    8. Unauthorized access to or use of individual account information.
  5. Alerts from others
    1. Notice to the University from an identity theft victim, law enforcement officer or other person that the University has opened or is maintaining a fraudulent account for a person engaged in identity theft.

Detection of Red Flags

Student Enrollment

4.2.1.1 In order to detect any of the red flags identified above associated with the enrollment of a student, University personnel shall take the following steps to obtain and verify the identity of the person opening the account:

  1. Require certain identifying information such as name, date of birth, academic records, home address or other identification; and
  2. Verify the individual's identity at time of issuance of individual

4.2.1.2 Identification card (example: review of driver's license or other government-issued photo identification).

New Customers or Clients

4.2.2.1 In order to detect any of the red flags identified above associated with service to a new customer or client, University personnel shall take the following steps to obtain and verify the identity of the person opening the account:

  1. Require certain identifying information such as name, date of birth, academic records, home address or other identification; and
  2. Verify the individual's identity at time of issuance of individual

4.2.2.2 Identification card (example: review of driver's license or other government-issued photo identification).

Existing Accounts

4.2.3.1 In order to detect any of the red flags identified above for an existing covered account, University personnel shall take the following steps to monitor transactions on an account:

  1. Verify the identification of individuals if they request information (in person, via telephone, via facsimile, via email);
  2. Verify the validity of requests to change billing addresses by mail or email and provide the individual a reasonable means of promptly reporting incorrect billing address changes; and
  3. Verify changes in banking information given for billing and payment purposes.

Consumer ("Credit") Report Requests

In order to detect any of the red flags identified above in regard to an employment or volunteer position for which a credit or background report is sought, University personnel shall take the following steps to assist in identifying address discrepancies:

  1. Require written verification from any applicant that the address provided by the applicant is accurate at the time the request for the credit report is made to the consumer reporting agency; and
  2. In the event that notice of an address discrepancy is received, verify that the credit or background report pertains to the applicant for whom the requested report was made and report to the consumer reporting agency an address for the applicant that the University has reasonably confirmed is accurate.

Response to Red Flags

4.3.1 Once potentially fraudulent activity is detected, an employee must act promptly to protect individuals and the University from damages and loss. At a minimum, the employee must gather all related documentation, write a description of the situation, and present this information to the program administrator.

4.3.2 The program administrator will complete additional investigation if necessary to determine whether the attempted transaction was fraudulent or authentic.

4.3.3 If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include (1) canceling the transaction; (2) notifying and cooperating with appropriate law enforcement personnel; (3) determining the extent of liability of the University; and (4) notifying the individual upon whom fraud has been attempted or whose identifying information has been subjected to a security breach.

Prevention and Mitigation of Identity Theft

In the event University personnel detect any identified red flags, such personnel shall take one or more of the following steps to prevent and mitigate identity theft, depending on their determination of the degree of risk posed by the red flag:

  1. Continue to monitor a covered account for evidence of identity theft;
  2. Contact the individual or applicant (for whom a credit or background report was run);
  3. Change any passwords or other security devices that permit access to covered accounts;
  4. Refuse to open a new covered account;
  5. Provide the individual with a new individual identification number;
  6. Notify the program administrator for determination of the appropriate step(s) to take;
  7. Notify appropriate law enforcement personnel;
  8. File or assist in filing a Suspicious Activity Report ("SAR") with the Financial Crimes Enforcement Network, United States Department of the Treasury; and/or
  9. Determine that no response is warranted under the particular circumstances.

Protect Identifying Information

In order to further prevent the likelihood of identity theft occurring with respect to covered accounts, the University will take the following steps to protect individual identifying information:

  1. Ensure that its website is secure or provide clear notice that the website is not secure;
  2. Ensure complete and secure destruction of paper documents and computer files containing individual account information when a decision has been made to no longer maintain such information;
  3. Ensure that office computers with access to covered account information are password protected;
  4. Ensure that laptops are password protected and encrypted;
  5. Avoid use of social security numbers;
  6. Ensure the security of the physical facility that contains covered account information;
  7. Ensure that transmission of information is limited and encrypted when necessary;
  8. Ensure computer virus protection is up to date; and
  9. Require and keep only the kinds of individual identifying information that is necessary for University purposes.

Additional Identity Theft Prevention Measures

Hard Copy Distribution

Each employee and contractor performing work for the University will comply with the following procedures:

  1. File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with identifying information will be locked when not in use.
  2. Storage rooms containing documents with identifying information and record retention areas will be locked at the end of each workday or when unsupervised.
  3. Desk workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing identifying information when not in use.
  4. Whiteboards, dry-erase boards, writing tablets, and other writing surfaces in common shared work areas will be erased, removed, or shredded when not in use.
  5. When documents containing identifying information are discarded, they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense-approved shredding device. Locked shred bins are labeled "Confidential paper shredding and recycling."

Program Administration

Oversight

The responsibility for developing, implementing and updating this Program lies with the program administrator designated by the Chancellor. The program administrator shall be responsible for ensuring appropriate training of University staff on the Program, for reviewing any staff reports regarding the detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program.

Staff Training

University employees responsible for implementing the Program shall be trained under the direction of the program administrator in the detection of red flags and the responsive steps to be taken when a red flag is detected.

Reports

Appropriate staff shall report to the program administrator at least annually on compliance with this Program. The report shall address matters such as the effectiveness of the policies and procedures of the University in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts; service provider arrangements; significant incidents involving identity theft and the University's response; and recommendations for material changes to the Program.

Service Provider Arrangements

In the event the University engages a service provider to perform an activity in connection with one or more covered accounts, the University will take the following steps to ensure the service provider performs its obligations in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft, including the following:

  1. Require, by signed contract, that service providers have such policies and procedures in place; and
  2. Require, by signed contract, that service providers review the University's Program and report any red flags to the program administrator.

Program Updates

The program administrator shall review and update this Program at least annually to reflect changes in risks to individuals and the University from identity theft. In doing so, the program administrator shall consider the University's experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the University's business arrangements with other entities.

Additional References

This Program incorporates by reference the following policies and procedures:

  1. Policy on the Use of Computers and Data Communication
  2. Computer Systems Security Policy
  3. Remote Access Policy
  4. Trusted Access Policy
  5. Network Risk Assessment Policy
  6. Virtual Private Network (VPN) Policy
  7. Wireless Networking Policy
  8. Wireless to Trusted Network Policy
  9. Statement of Confidentiality

Authority

16 CFR Part 681

Fair and Accurate Credit Transactions Act of 2003, Public Law 108-159

North Carolina General Statutes, Chapter 75, Article 2A

Contact Information

Original Effective Date

Revision Dates

November 5, 2021 - previously policy 105.5
Retrieved from "https://policy.appstate.edu/index.php?title=Policy_on_Policies&oldid=12752"