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ORD 2009-33 - Identity Theft Establish Prevention Program 04-07-2009ORDINANCE NO. 2009-33 AN ORDINANCE BY THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM, TO SET OUT DEFINITIONS, POLICIES AND PROCEDURES FOR IMPLEMENTATION OF THE IDENTITY THEFT PREVENTION PROGRAM; TO PROVIDE A REPEALING CLAUSE, TO PROVIDE A SAVINGS AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Federal Trade Commission adopted rules pertaining to an Identity Theft Prevention pursuant to the Red Flags Rule which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003 which requires that creditors adopt an Identity Theft Prevention Program on or before May 1, 2009; and WHEREAS, the Red Flags Rule defines creditor to include all utility companies and the City owns and provides utility services and /or accepts payments for municipal utility services and is therefore classified as a creditor; and WHEREAS, the City Council has requested that City personnel to develop such Identity Theft Prevention Program and such personnel recommend the Identity Theft Prevention Program attached hereto and incorporated herein as Exhibit "A" ( "Program"); and WHEREAS, the City Council has reviewed the Program and believes it fulfills, complies and implements the Red Flags Rule and other requirements outlined by the Federal Trade Commission; and WHEREAS, the City Council finds that it is in the public interest to approve the Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. The City Council hereby adopts the Identity Theft Prevention Program, as is more particularly set out in Exhibit A. Section 3. Implementation. All procedures and requirements of The Identity Theft Prevention Program shall be implemented as outlined in the Exhibit A. Section 4. All Ordinances of the City of Huntsville in conflict with the provisions of this Ordinance are hereby repeated to the extent of such conflict, and all other provisions of the Ordinances of the City of Huntsville not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 6. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provide. Section 7. Open Meetings. That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meeting Act, Capt. 551, Loc. Gov't. Code. PASSED AND APPROVED on this 7th day of April, 2009 Brim, City Secretary APPROVED AS TO FORM: City Attorney CITY OF HUNTSVILLE, TEXAS Identity Theft Prevention Program Effective beginning May 1, 2009 IDENTITY THEFT POLICY L PROGRAM ADOPTION The City of Huntsville, Walker County, Texas, a home -rule municipality ( "City ") developed this Identity Theft Prevention Program ( "Program ") pursuant to the Federal Trade Commission's Red Flags Rule ( "Rule "), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed for the Utility Department of the City ( "Utility ") with the approval of the City Council. After consideration of the size and complexity of the Utility's operations and account systems, and the nature and scope of the Utility's activities, the City Council determined that this Program was appropriate for the City's Utility, and therefore approved this Program on P `, 2009. II. GENERAL INFORMATION A ruling known as the "Identity Theft Red Flags Regulation" was jointly issued by the Federal Trade Commission, Office of Thrift Supervision and several other governing agencies; implementing section 114 of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) and is effective on May 1, 2009. The Identity Theft Red Flags Regulation ( "Rule ") requires financial institutions to develop and implement an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations which implemented Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003. Under the regulations only those financial institutions that offer or maintain 'covered accounts' must develop and implement a written program. A 'covered account' is defined as (1) an account primarily used for personal, family, or household purposes, that involves or is designed to permit multiple payments of transactions (2) any other account for which there is a reasonably foreseeable risk to customers or the safety and soundness of the financial institution or creditor identity theft. The Agencies believe that accounts such as credit cards, mortgage loans, cell phone, utili checking, automobile loans, and savings accounts are examples of accounts designed to permit multiple payments or transactions and also contain a reasonably foreseeable risk of identity theft. III. PURPOSE To ensure the City of Huntsville has program in place to detect, prevent and diminish identity theft in connection with the opening of utility accounts, to establish written procedures for security and storing of personal information. IV. APPLICATION This policy applies to all city employees and service providers that have access to Utility Billing customers' personal information that is submitted in person, by fax, mail, email and over the internet. V. DEFINITIONS City: The City of Huntsville, Texas Covered Account: All the Utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: 1. Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. Creditors: The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non -profit and government entities defer payment for goods or services, they, too, are to be considered creditors." Identifying Information is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: 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, unique electronic identification number, computer's Internet Protocol address, or routing code. Identity Theft: A fraud committed using the identifying information of another person. Program: The Identity Theft Prevention Program for the City. Program Administrator: The Program. is the Program Administrator for the Red Flags: A pattern, practice, or specific activity that indicates the possible risk of identity theft. Utility: The Utility is the Utility Department for the City. VI. POLCIY INDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags: A. Suspicious Documents Red Flags 1. Documents provided for identification appear to be altered or forged or inauthentic; 2. The photograph or physical description on the identification is not consistent with the appearance of the customer requesting service. 3. Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. 5. Lease submitted for proof of residency appears to be altered or forged. B. Suspicious Personal Identifying Information Red Flags I. Information on the identification is not consistent with information provided by the person requesting service (example: inconsistent birth dates). 2. Information is not consistent with information that is on file (i.e. previous application submitted with driver's license). 3. The SSN submitted is same as another customer's. 4. Personal information submitted is associated with known fraudulent activity or consistent with fraudulent activity (such as an invalid phone number or fictitious billing address). 5. Address or phone number is the same as that of another person.. 6. Identifying information presented that is inconsistent with other sources of information. 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required). C. Suspicious Account Activity Employees will review billing and payment for unusual account activity, a breach in the computer or filing system and any unusual account changes. Notes shall be maintained of notifications, unusual activities and observations. Red Flags 1. Notification of a chargeback received from the bank. 2. New account requested immediately after disconnection for non - payment. 3. Change of address for an account followed by a request to change the account holder's name; 4. Payments stop on an otherwise consistently up -to -date account; 5. Account used in a way that is not consistent with prior use (example: very high activity); 6. Mail sent to the account holder is repeatedly returned as undeliverable; 7. Notice to the Utility that a customer is not receiving mail sent by the Utility; 8. Notice to the Utility that an account has unauthorized activity; 9. Breach in the Utility's computer system security; and 10. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag 1. Notice to the Utility from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. DETECTING RED FLAGS A. New Accounts To ensure proper identification verification and to be able to detect any of the Red Flags above associated with the opening of a new account, effective May 1, 2009 all requests for new service will require/ provide the following: Detect 1. Show a government issued photo ID to initiate service; 2. Include a photo copy of proper identification when request is submitted by fax, email, or mail; 3. Be submitted by the responsible party; parents, siblings or any other interested party may not activate service on behalf of another person; 4. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 5. Independently contact the customer or business. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to close accounts or change billing addresses. VII. Identity Theft Notification A zero tolerance policy is in effect for all fraudulent transactions within the Utility Billing Division. Once written notification and verification is received of fraudulent activity from a customer, banking institution, or collection agency; Utility Billing will 1. proceed with notation 2. take corrective action on the account 3. gather all pertinent information that is available and immediately contact the City of Huntsville Police Department to initiate a criminal investigation and 4. notify customer and change password. IX. Data Security and Stora¢e A. Internal Database Security: All employees shall undergo a background check conducted by Human Resources Department prior to hiring. Employees are assigned security levels which limit access to sensitive data. Access into the system requires a password assigned by the System Administrator. Upon termination, employee passwords are immediately disabled. B. Disclosure of personal information: Information is used as a means of identification, for internal verification or administrative purposes, credit checks and debt collection purposes. Information regarding security compliance for the debt collection agency is on file in the Utility Billing Office. C. Data Storage: All hard copy information is stored in filing cabinets in the Utility Billing office. Credit card information is stored in the vault and accessibly by the Utility Billing Supervisor. D. Data Retention: Records are disposed of in accordance with state and federal law, including the local record retention schedule issued by the Texas State Library and Archives Commission. X. Periodic Review and Reporting The policy must be approved by the City Council and periodically reviewed. The Utility Billing Supervisor will conduct annual review of the current policy and report any fraudulent activity to the Finance Director, The Finance Director will approve any recommended changes in policy. In order to further prevent the likelihood of identity theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to Its internal operating procedures to protect customer identifying h #ormation: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Change passwords on office computers on a regular basis; 5. Ensure all computers are backed rep properly and any backup information is.secured, 6 Keep offices clear ofpapers containing customer information; 7. Ensure computer virus protection is up to date; and g. Require and keep only the kinds of customer information that are necessary for utility purposes. C Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of Identity Theft. 1. Require, by contract or contract amendment, that service providers have such policies and procedures in place; and 2. Require, by contract or contract amendment, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Specdfu Program Elements and Confidentiality For the effectiveness of Identity Theft prevention Programs, the Red Flag ,Rule envisions a degree of confidentiality regarding the Utility's speck practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this Program, knowledge of such specific practices are to be limited to the Identity Theft Committee and those employees who need to know them for purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program's general red flag detection, implementation and prevention practices are listed in this document. ORDINANCE NO. 2009-33 AN ORDINANCE BY THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAMM, TO SET OUT DEFINITIONS, POLICIES AND PROCEDURES FOR IMPLEMENTATION OF THE IDENTITY THEFT PREVENTION PROGRAM; TO PROVIDE A REPEALING CLAUSE, TO PROVIDE A SAVINGS AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Federal Trade Commission adopted rules pertaining to an Identity Theft Prevention pursuant to the Red Flags Rule which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003 which requires that creditors adopt an Identity Theft Prevention Program on or before May 1, 2009; and WHEREAS, the Red Flags Rule defines creditor to include all utility companies and the City owns and provides utility services and/or accepts payments for municipal utility services and is therefore classified as a creditor; and WHEREAS, the City Council has requested that City personnel to develop such Identity Theft Prevention Program and such personnel recommend the Identity Theft Prevention Program attached hereto and incorporated herein as Exhibit "A" ( "Program "); and WHEREAS, the City Council has reviewed the Program and believes it fulfills, complies and implements the Red Flags Rule and other requirements outlined by the Federal Trade Commission; and WHEREAS, the City Council finds that it is in the public interest to approve the Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. The City Council hereby adopts the Identity Theft Prevention Program, as is more particularly set out in Exhibit A. Section 3. Implementation. All procedures and requirements of The Identity Theft Prevention Program shall be implemented as outlined in the Exhibit A. Section 4. All Ordinances of the City of Huntsville in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict, and all other provisions of the Ordinances of the City of Huntsville not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 6. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provide. Section 7. Open Meetings. That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meeting Act, Capt. 551, Loc. Gov't. Code. PASSED AND APPROVED on this 7th day of April, 2009. CITY OF HUNTSVILLE, TEXAS J. (furt*r; Mayor teph e Brim, City Secretary APPROVED AS TO FORM: City Attorney CITY OF HUNTSVILLE, TEXAS Identity Theft Prevention Program Effective beginning May 1, 2009 IDENTITY THEFT POLICY I. PROGRAM ADOPTION The City of Huntsville, Walker County, Texas, a home -rule municipality ( "City ") developed this Identity Theft Prevention Program ( "Program ") pursuant to the Federal Trade Commission's Red Flags Rule ( "Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This Program was developed for the Utility Department of the City ( "Utility ") with the approval of the City Council. After consideration of the size and complexity of the Utility's operations and account systems, and the nature and scope of the Utility's activities, the City Council determined that t is Program was appropriate for the City's Utility, and therefore approved this Program on PACT -7 2009. H. GENERAL INFORMATION A ruling known as the "Identity Theft Red Flags Regulation" was jointly issued by the Federal Trade Commission, Office of Thrift Supervision and several other governing agencies; implementing section 114 of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) and is effective on May 1, 2009. The Identity Theft Red Flags Regulation ( "Rule ") requires financial institutions to develop and implement an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations which implemented Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003. Under the regulations only those financial institutions that offer or maintain 'covered accounts' must develop and implement a written program. A 'covered account' is defined as (1) an account primarily used far personal, family, or household purposes, that involves or is designed to permit multiple payments of transactions (2) any other account for which there is a reasonably foreseeable risk to customers or the safety and soundness of the financial institution or creditor identity theft. The Agencies believe that accounts such as credit cards, mortgage loans, cell phone, utility, checking, automobile loans, and savings accounts are examples of accounts designed to permit multiple payments or transactions and also contain a reasonably foreseeable risk of identity theft. III. PURPOSE To ensure the City of Huntsville has program in place to detect, prevent and diminish identity theft in connection with the opening of utility accounts, to establish written procedures for security and storing of personal information. IV. APPLICATION This policy applies to all city employees and service providers that have access to Utility Billing customers' personal information that is submitted in person, by fax, mail, email and over the internet. IV City: The City of Huntsville, Texas Covered Account: All the Utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: 1. Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. Creditors: The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non - profit and government entities defer payment for goods or services, they, too, are to be considered creditors." Identifying Information is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: 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, unique electronic identification number, computer's Internet Protocol address, or routing code. Identity Theft: A fraud committed using the identifying information of another person. Program: The Identity Theft Prevention Program for the City. Program Administrator: The Program. is the Program Administrator for the Red Flags: A pattern, practice, or specific activity that indicates the possible risk of identity theft. Utility: The Utility is the Utility Department for the City. VI. POLCIY INDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags: A. Suspicious Documents Red Flags 1. Documents provided for identification appear to be altered or forged or inauthentic; 2. The photograph or physical description on the identification is not consistent with the appearance of the customer requesting service. 3. Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. 5. Lease submitted for proof of residency appears to be altered or forged. B. Suspicious Personal Identifying Information Red Flags 1. Information on the identification is not consistent with information provided by the person requesting service (example: inconsistent birth dates). 2. Information is not consistent with information that is on file (i.e. previous application submitted with driver's license). 3. The SSN submitted is same as another customer's. 4. Personal information submitted is associated with known fraudulent activity or consistent with fraudulent activity (such as an invalid phone number or fictitious billing address). 5. Address or phone number is the same as that of another person.. 6. Identifying information presented that is inconsistent with other sources of information. 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required). C. Suspicious Account Activity Employees will review billing and payment for unusual account activity, a breach in the computer or filing system and any unusual account changes. Notes shall be maintained of notifications, unusual activities and observations. Red Flags 1. Notification of a chargeback received from the bank. 2. New account requested immediately after disconnection for non- payment. 3. Change of address for an account followed by a request to change the account holder's name; 4. Payments stop on an otherwise consistently up-to -date account, 5. Account used in a way that is not consistent with prior use (example: very high activity); 6. Mail sent to the account holder is repeatedly returned as undeliverable; 7. Notice to the Utility that a customer is not receiving mail sent by the Utility; 8. Notice to the Utility that an account has unauthorized activity; 9. Breach in the Utility's computer system security; and 10. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flae 1. Notice to the Utility from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. DETECTING RED FLAGS A. New Accounts To ensure proper identification verification and to be able to detect any of the Red Flags above associated with the opening of a new account, effective May 1, 2009 all requests for new service will require/ provide the following: Detect 1. Show a government issued photo ID to initiate service; 2. Include a photo copy of proper identification when request is submitted by fax, email, or mail; 3. Be submitted by the responsible parry; parents, siblings or any other interested party may not activate service on behalf of another person; 4. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 5. Independently contact the customer or business. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to close accounts or change billing addresses. VII. Identity Theft Notification A zero tolerance policy is in effect for all fraudulent transactions within the Utility Billing Division. Once written notification and verification is received of fraudulent activity from a customer, banking institution, or collection agency; Utility Billing will 1. proceed with notation 2. take corrective action on the account 3. gather all pertinent information that is available and immediately contact the City of Huntsville Police Department to initiate a criminal investigation and 4. notify customer and change password. IX. Data Security and Storage A. Internal Database Security: All employees shall undergo a background check conducted by Human Resources Department prior to hiring. Employees are assigned security levels which limit access to sensitive data. Access into the system requires a password assigned by the System Administrator. Upon termination, employee passwords are immediately disabled. B. Disclosure of personal information: Information is used as a means of identification, for internal verification or administrative purposes, credit checks and debt collection purposes. Information regarding security compliance for the debt collection agency is on file in the Utility Billing Office. C. Data Storage: All hard copy information is stored in filing cabinets in the Utility Billing office. Credit card information is stored in the vault and accessibly by the Utility Billing Supervisor. D. Data Retention: Records are disposed of in accordance with state and federal law, including the local record retention schedule issued by the Texas State Library and Archives Commission. X. Periodic Review and Reuortin¢ The policy must be approved by the City Council and periodically reviewed. The Utility Billing Supervisor will conduct annual review of the current policy and report any fraudulent activity to the Finance Director. The Finance Director will approve any recommended changes in policy. In order to further prevent the likelihood of identity theft occurring with respect to Utility accounts, the Utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Changepasswords on office computers on a regular basis; 5. Ensure all computers are backed up properly and any backup information is secured, - 6. Keep offices clear ofpapers containing customer information; 7. Ensure computer virus protection is up to date; and 8. Require and keep only the kinds of customer information that are necessary for utility purposes. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require, by contract or contract amendment, that service providers have such policies and procedures in place; and 2. Require, by contract or contract amendment, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Specific Program Elements and Confidentiality For the effectiveness of Identity Theft prevention Programs, the Red Flag Rule envisions a degree of confidentiality regarding the Utility's specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this Program, knowledge ofsuch specific practices are to be limited to the Identity Theft Committee and those employees who need to know them for purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program's general red flag detection, implementation and prevention practices are listed in this document.