WHEREAS, the unlawful misappropriation of social security numbers and other personal identifying information can result in unscrupulous individuals gaining access to financial accounts, opening new accounts, and making purchases in the name of unsuspecting victims, thereby resulting in "identity theft" that can cause years of substantial credit problems and inconvenience even after it is discovered;
WHEREAS, the social security numbers of state officers and employees, public retirees and other persons who come into contact with state government for the provision of services or tax purposes are currently being used by state agencies as personal identifiers;
WHEREAS, as the United States General Accounting Office has recognized, the use of social security number by government agencies for identification purposes can serve important purposes, and limitations or proscriptions against such use would require extensive reprogramming of computer systems and the redesign of administrative procedures;
WHEREAS, a thorough and careful review of the availability and practicality of alternative methods of identification, as well as the nature and extent of the reliance by state agencies on social security numbers for identification purposes, is necessary before limitations or proscriptions against their use for such purposes can be adopted and implemented;
WHEREAS, provisions of the federal Privacy Act of 1974 and New York State Personal Privacy Protection Law impose various requirements on state and local governments relating to social security numbers and other personal identifying information they collect and retain; and
WHEREAS, government must be vigilant and take every reasonable measure to protect the social security numbers and other personal identifying information of state officers and employees, public retirees and other persons from unnecessary dissemination and unlawful misappropriation.
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:
I. Task Force on Identity Security There is hereby established the Task Force on Identity Security (Task Force) to be comprised of at least eleven members who shall be appointed by, and serve at the pleasure of, the Governor. The members of the Task Force shall include:
(i) the Director of the Governor's Office of Employee Relations, or his designee; (ii) the President of the State Civil Service Commission, or his designee; (iii) the State Chief Information Officer, or his designee; (iv) the Director of Criminal Justice Services, or his designee; (v) the Director of the Budget, or her designee; (vi) one member appointed on the recommendation of the Temporary President of the State Senate; (vii) one member appointed on the recommendation of the Speaker of the State Assembly; (viii) one member appointed upon the recommendation of the State Comptroller; (ix) one member appointed upon the recommendation of the Attorney General; and (x) two members who shall be representatives of employee organizations representing state employees. The Governor shall appoint the Chair of the Task Force from among its members. The members of the Task Force shall receive no compensation but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties.II. Responsibilities and Powers A. The Task Force shall be responsible for: (1) Examining the extent to which social security numbers are being used as identifiers for state officers and employees, public retirees and other persons who come into contact with state government for the provision of services or tax purposes;(2) Determining the extent to which social security numbers and other personal identifying information of state officers and employees, public retirees and other persons are vulnerable to unlawful misappropriation and whether alternative means of identification exist that are adequate to meet the legitimate needs of state agencies;(3) Analyzing the overall security of state systems that collect and maintain social security numbers and other personal identifying information of state officers and employees, public retirees and other persons;(4) Recommending all appropriate legislative and administrative reforms relating to state systems that collect and maintain social security numbers and other personal identifying information of public officers and employees, public retirees and other persons to ensure that social security numbers and other personal identifying information are not subject to unlawful misappropriation.B. The Task Force shall issue a report to the Governor and the Legislature no later than October 1, 2003 setting forth its findings and recommendations.C. The Task Force is authorized to: (1) Conduct hearings in furtherance of the performance of its duties under this Order; and(2) Call upon any agency, department, office, division, or public authority of this State to supply it with such data and other resources, personnel and assistance as the Task Force deems necessary to discharge the responsibilities conferred upon it by this Order.D. Each agency, department, office, division, and public authority of this State, is hereby directed to cooperate with the Task Force and to furnish the Task Force with such information, personnel, and assistance as the Task Force deems necessary to accomplish the purposes of this Order. Signed: George E. PatakiDated: September 26, 2002
[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.122