FAYETTEVILLE STATE UNIVERSITY

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1 FAYETTEVILLE STATE UNIVERSITY IDENTITY THEFT PREVENTION (RED FLAGS RULE) Authrity: Categry: Issued by the Fayetteville State University Bard f Trustees. University-Wide Applies t: Administratrs Faculty Staff Students Histry: Revised- December 16, 2010 Apprved June 11, 2009 First Issued July 1, 2009 Related Plicies: Identity Theft Red Flags and Ntice f Address Discrepancies Under the Fair and Accurate Credit Transactins Act f 2003 [16 C.F.R. 681] Fair and Accurate Credit Transactins Act f 2003 [Public Law ] Cntact fr Inf: Infrmatin Technlgy and Telecmmunicatins (910) Office f the Internal Auditrs (910) Office f Legal Affairs (910) I. PURPOSE The Federal Trade Cmmissin s (FTC) Red Flags Rule (Rule) was issued with the underlying gal f detecting, preventing, and mitigating identity theft in cnnectin with the pening f certain accunts r existing accunts, referred t as Cvered Accunts. Red Flags are defined by the Rule as thse events which shuld alert an rganizatin that there is a risk f identity theft. The Rule supplements existing legislatin aimed at preventing identity theft thrugh tightened data security by addressing situatins where individuals are trying t use anther persn s identity in rder t fraudulently btain resurces r services. Institutins are t identify Red Flags t alert and t intervene against the pssibility f identity theft. Fayetteville State University (FSU) is subject t the FTC Rule because f the fllwing: FSU participates in the Federal Perkins Lan prgram, FSU participates as a schl lender in the Federal Family Educatin Lan Prgram, FSU ffers institutinal lans t; and FSU ffers a plan fr payment f tuitin thrughut the semester rather than requiring full payment at the beginning f the semester.

2 In cmpliance with the Rule, FSU has develped this Plicy. II. DEFINITIONS The fllwing definitins apply t this plicy/prgram: A. Cvered Accunt is defined as fllws: Any University spnsred r cntrlled accunt that invlves having faculty, staff, students, alumni r dnrs undertake multiple payments r transactins, such as a lan r accunt that is billed r payable mnthly, t include, but nt be limited t extensin f credit, debit cards, Perkins Lans, the Federal Family Educatin Lan Prgram, institutinal lans, depsit accunts and schlarship accunts. Any ther accunt FSU ffers r maintains fr which there is a reasnably freseeable risk t hlders f identity theft, such as use f cnsumer reprts fr emplyee backgrund checks r applicatins fr credit. B. Identifying Infrmatin is defined as any name r number that may be used, alne r in cnjunctin with any ther infrmatin, t identify a specific persn, including, but nt limited t: name address telephne number scial security number date f birth gvernment-issued driver s license r identificatin number alien registratin number gvernment passprt number emplyer r taxpayer identificatin number individual identificatin number cmputer s Internet Prtcl address bank r ther financial accunt ruting cde C. Identity Theft is defined as fraud cmmitted r attempted using the identifying infrmatin f anther persn withut authrity. D. Red Flag Cmmittee is defined as the individual designated with primary respnsibility fr versight f the Prgram. E. Red Flag is defined as a pattern, practice, alert r specific activity that indicates the pssible existence f identity theft. 2

3 F. Service Prvider is defined as a persn r entity that prvides a service directly t FSU. III. IDENTIFICATION AND DETECTION OF RED FLAGS In cmpliance with the Rule, FSU s prcess fr detecting and preventing identify theft is as fllws: A. Identificatin f Red Flags The FTC requires institutins t identify which Red Flags, singly r in cmbinatin will be used t detect the pssible risk f identity theft. In rder t identify relevant red flags, FSU has cnsidered the types f cvered accunts it ffers r maintains, the methds it prvides t pen its cvered accunts, the methds it prvides t access its cvered accunts, and its previus experiences with identity theft. Thus, FSU has identified the fllwing red flags in each f the listed categries: 1. Ntificatins and Warnings frm Cnsumer Reprting Agencies Reprt f fraud accmpanying a credit reprt; Ntice r reprt frm a credit agency f a credit freeze n an applicant; Ntice r reprt frm a credit agency f an active duty alert fr an applicant; Receipt f a ntice f address discrepancy in respnse t a credit reprt request; r Indicatin frm a credit reprt f activity that is incnsistent with an applicant s usual pattern r activity. 2. Suspicius Dcuments Identificatin dcument r card that appears t be frged, altered r inauthentic; Identificatin dcument r card n which a persn s phtgraph r physical descriptin is nt cnsistent with the persn presenting the dcument; Other dcument with infrmatin that is nt cnsistent with existing individual infrmatin; r Applicatin fr service that appears t have been altered r frged. 3. Suspicius Persnal Identifying Infrmatin Identifying infrmatin presented that is incnsistent with ther infrmatin the individual prvides (example: incnsistent birth dates); 3

4 Identifying infrmatin presented that is incnsistent with ther surces f infrmatin (example: an address nt matching an address n a lan applicatin); Identifying infrmatin presented that is the same as infrmatin shwn n ther applicatins that were fund t be fraudulent; Identifying infrmatin presented that is cnsistent with fraudulent activity (examples: an invalid phne number r fictitius billing address); Scial security number presented that is the same as ne given by anther individual; An address r telephne number presented that is the same as that f anther persn; When a persn fails t prvide cmplete persnal identifying infrmatin n an applicatin when reminded t d s; r When a persn s identifying infrmatin is nt cnsistent with the infrmatin that is n file fr the individual. 4. Suspicius Cvered Accunt Activity Change f address fr an accunt fllwed by a request t change the individual s name; Payments stp n an therwise cnsistently up-t-date accunt; Accunt used in a way that is nt cnsistent with prir use; Mail sent t the individual is repeatedly returned as undeliverable; Ntice t FSU that an individual is nt receiving mail sent by the University; Ntice t FSU that an accunt has unauthrized activity; Breach in FSU s cmputer system s security; r Unauthrized access t r use f an individual s accunt infrmatin. 5. Alerts frm Others This may include any ntice t FSU frm an individual, identity theft victim, law enfrcement fficer r ther persn that FSU has pened r is maintaining a fraudulent accunt fr a persn engaged in identity theft. B. Detectin f Red Flags The fllwing prcedures shall be utilized in the detectin f Red Flags: 1. Student Enrllment In rder t detect any f the Red Flags identified in Sectin II.A. abve that are assciated with the enrllment f a student, FSU emplyees shall 4

5 take the fllwing steps t btain and verify the identity f the persn when a new accunt is created: Require that certain identifying infrmatin such as name, date f birth, academic recrds, hme address r ther identifiers be prvided; and Verify the individual s identity at the time an identificatin card (review f driver s license r ther gvernment-issued pht identificatin) issued. 2. Existing Accunts In rder t detect any f the Red Flags identified abve fr an existing cvered accunt, FSU emplyees shall take the fllwing steps t mnitr transactins n an accunt: Verify the identificatin f individuals if they request infrmatin (in persn, via telephne, via facsimile, via ); Verify the validity f requests t change billing addresses by mail r and prvide the individual a reasnable means f prmptly reprting incrrect billing address changes; and Verify changes in banking infrmatin given fr billing and payment purpses. Verify the identificatin f individuals if they request new/replacement authenticatins such as netwrk lgin r Banner PIN. 3. Cnsumer ( Credit ) Reprt Requests In rder t detect any f the Red Flags identified abve fr an emplyment r vlunteer psitin fr which a credit r backgrund reprt is sught, FSU emplyees shall take the fllwing steps t assist in identifying address discrepancies: Require written verificatin frm an applicant that the address prvided by the applicant is accurate at the time the request fr the credit/backgrund reprt is made t the cnsumer reprting agency; and In the event that ntice f an address discrepancy is received, verify that the credit/backgrund reprt pertains t the applicant fr whm the requested reprt was made and reprt t the cnsumer reprting agency an address fr the applicant that FSU has reasnably cnfirmed is accurate. 5

6 C. Respnse t the Identificatin f Red Flags When ptentially fraudulent activity is detected, FSU emplyees must act quickly t prtect individuals and FSU. At a minimum, the FSU emplyees shall gather all related dcumentatin, write a descriptin f the situatin, and present this infrmatin t the Red Flag Administratr. The Red Flag Administratr shall cnvene a meeting f the Red Flag Cmmittee t cmplete additinal authenticatin t determine whether the attempted transactin was fraudulent r authentic. If a transactin is determined t be fraudulent, apprpriate actins must be taken immediately. Actins may include the fllwing: D. Mitigatin f Risk Canceling the transactin; Ntifying and cperating with apprpriate law enfrcement; Determining the extent f liability f the University; and/r Ntifying the actual individual upn whm fraud has been attempted. Once fraudulent activity is detected, FSU emplyees shall take ne r mre f the fllwing steps t prevent and/r mitigate any assciated risk t the individual. The extent f the preventin and mitigatin actins shall depend n the emplyee s determinatin f the degree f risk psed by the Red Flag. Cntinue t mnitr a cvered accunt fr evidence f identity theft; Cntact the individual r applicant (fr which a credit reprt was run); Change any passwrds r ther security devices that permit access t cvered accunts; Refuse t pen a new cvered accunt; Prvide the individual with a new individual identificatin number; Ntify the Red Flag Cmmittee fr determinatin f the apprpriate step(s) t take; Ntify law enfrcement; File r assist in filing a Suspicius Activity Reprt ( SAR ) with the Financial Crimes Enfrcement Netwrk f the United States Department f the Treasury; r Determine that n respnse is warranted under the particular circumstances. 6

7 IV. PROTECTION OF IDENTIFYING INFORMATION A. Electrnically Stred Identifying Infrmatin In rder t further prevent the likelihd f identity theft ccurring with respect t cvered accunts, FSU emplyees shall take the fllwing steps with respect t electrnically stred identifying infrmatin: Ensure that its website is secure r prvide clear ntice that the website is nt secure; Ensure cmplete and secure destructin f paper dcuments and cmputer files cntaining individual accunt infrmatin when a decisin has been made t n lnger maintain such infrmatin; Ensure that ffice cmputers with access t cvered accunt infrmatin are passwrd prtected; Ensure that laptps are passwrd prtected and encrypted; Avid use f scial security numbers; Ensure the security f the physical facility that cntains cvered accunt infrmatin; Ensure that transmissin f infrmatin is limited and encrypted when necessary; Ensure cmputer virus prtectin is up t date; and Require and keep nly the kinds f individual infrmatin that are necessary fr University purpses. B. Security f Hard Cpies f Identifying Infrmatin Each emplyee and cntractr perfrming wrk fr FSU shall cmply with the fllwing: File cabinets, desk drawers, verhead cabinets, and any ther strage space cntaining dcuments with identifying infrmatin shall be lcked when nt in use. Strage rms cntaining dcuments with identifying infrmatin and recrd retentin areas shall be lcked at the end f each wrkday r when unsupervised. Desks, wrkstatins, wrk areas, printers and fax machines, and cmmn shared wrk areas shall be cleared f all dcuments cntaining identifying infrmatin when nt in use. Whitebards, dry-erase bards, writing tablets, and ther writing surfaces in cmmn shared wrk areas shall be erased, remved, r shredded when nt in use. When dcuments cntaining identifying infrmatin are discarded, they shall be placed inside a lcked shred bin r immediately shredded using a mechanical crss cut r Department f Defense-apprved 7

8 V. PROGRAM ADMINISTRATION A. Oversight shredding device. Lcked shred bins shall be labeled Cnfidential paper shredding and recycling. 1. Respnsibility fr develping, implementing and updating this Prgram lies with the Red Flag Cmmittee. 2. The Red Flag Cmmittee shall be respnsible fr ensuring apprpriate training f University staff n the Prgram, fr reviewing any staff reprts regarding the detectin f Red Flags and the steps fr preventing and mitigating identity theft, determining which steps f preventin and mitigatin shuld be taken in particular circumstances and cnsidering peridic changes t the Prgram. B. Staff Training FSU emplyees respnsible fr implementing the Prgram and handling cvered accunts shall be trained annually under the directin f the Red Flag Cmmittee in the detectin f Red Flags and the respnsive steps t be taken when a Red Flag is detected. C. Reprts The Red Flag Cmmittee shall reprt t the Chancellr s Cabinet at least annually n cmpliance by the University with this Prgram. The reprt shall address matters such as the effectiveness f the plicies and prcedures f the University in addressing the risk f identity theft in cnnectin with the pening f Cvered Accunts and with respect t existing cvered accunts; significant incidents invlving identity theft and the FSU s respnse; and recmmendatins fr material changes t the Prgram. D. Prgram Updates The Red Flag Cmmittee shall mnitr, review, and update this Prgram at least annually t reflect changes in risks t individuals and the sundness f the University frm identity theft. In ding s, the Red Flag Cmmittee shall cnsider FSU s experiences with identity theft situatins, changes in Identity Theft methds, changes in identity theft detectin and preventin methds, and changes in FSU s business arrangements with ther entities. 8

9 RED FLAG/IDENTIFICATION THEFT PROCESS FLOW ATTACHMENT A NO Business & Finance Red Flag Prcess Legal Red Flag Prcess Ptential Red Flag Issue YES Halt Transactin Red Flag Administratr NO Financial Aid Red Flag Prcess (Student Accunts) Dcument issue NO Cnvene Special meeting f Red Flag Cmmittee Update Dcumentatin Cmmittee Reviews Issue Dcumentatin and makes determinatin IS NOT RED FLAG ISSUE END Cntact Apprpriate Authrities Cancel Transactin Determine if ther Remediatin is necessary NO Ntify Individual Additinal Remediatin 9

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