Personal Information Protection Act | Policies & Procedures | SIU

Personal Information Protection Act | Policies & Procedures | SIU

SIUC Policy Regarding the Personal Information Protection Act Main Content

SIUC Policy Regarding the Personal Information Protection Act

[The following Policy was approved on October 13, 2006, and amended on August 15, 2014 in accordance with provisions set forth in SIU Board of Trustees 2 Policies C.]

I. Definitions

Personal Information Protection Act “PIPA” refers to the Illinois state law found at 815 ILCS 530/et. Seq.)

Southern Illinois University Carbondale, a public university, is considered a "data collector" (See Appendix I).

"Breach of the security of the system data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the data collector (See Appendix I).

        Note: Accessing the data for University purposes is not a breach under this Policy and does not require a notification of such access. If the data is accessed and used for a purpose unrelated to the University business or if personal information is made available to further unauthorized disclosure, then such access will be considered a breach under this Policy.

"Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted:

     1) Social Security number; 

     2) Driver's license number or State identification card number;

     3) Account number or credit or debit card number; and/or

     4) Account number or credit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account (See Appendix I).

“Department” means any officially recognized administrative or academic unit on campus.  The term “department” also encompasses offices or colleges.

“Malware” means any malicious software, including viruses, Trojan horses, spyware, rootkits, bots, or other software intended to be used to further the malicious and unauthorized access to a computer system and the data contained therein.

“Security incident” means an event or strong evidence of a computerized or non-computerized event involving an attacker or malware that has likely gained access to a system that contains personal information.

Note: A security incident does not constitute a security breach for the purposes of this policy.  PIPA defines “security breach” as “…unauthorized acquisition of computerized data…”  A security incident simply refers to an event whereby an attacker/malware gains access to a system containing personal information but there is no evidence that otherwise leads to the conclusion that data was acquired.

II. Scope

This policy is pursuant to the specific obligations and requirements for Southern Illinois University Carbondale to comply with PIPA (See Appendix I).

III. Information Technology Security Team Responsibility

(1) When an active security incident can be determined, the Information Technology (IT) Security Team will act timely to contain the incident by taking actions such as disconnecting the affected system(s) from the campus network, performing network blocking, or other actions as they deem necessary.

(2) Departmental heads and departmental computer technical staff shall be notified as soon as possible through email or other appropriate means when any SIUC IT Security Team employee is made aware of a likely security incident. The IT Security Team will maintain appropriate incident logs whenever possible and will make the logs and analysis available to the department.

IV. Departmental Responsibility

(1) IT IS RECOMMENDED THAT DEPARTMENTS MAINTAIN AN INVENTORY OF THE SYSTEMS THAT CONTAIN PERSONAL INFORMATION. THE INVENTORY SHOULD ONLY BE ACCESSIBLE TO AUTHORIZED PARTIES.

(2) The department will certify if any incident meets the criteria to be classified as a security breach. IT Security may offer fee-based assistance regarding incident certification.

(3) If an incident merits law enforcement intervention, the appropriate law enforcement agency must be contacted immediately and will guide the process of preservation of evidence. If law enforcement is to be involved then the chain of custody of information related to the security incident must be preserved through special procedures that are above and beyond the offerings of the IT Security Team. In these cases, the system must be disconnected from the network but should not be turned off or worked with in any fashion in order to avoid removing information that could be vital to a legal case. It may be difficult to determine the extent of a security incident without undertaking analysis, but any analysis should be done very carefully as to ensure the integrity of the system.

(4) If the incident does not merit law enforcement intervention, then local computer administrators or other skilled parties may be utilized to determine the depth of the security incident and recover from it. IT Security may offer fee-based assistance regarding incident investigation.

(5) Department will develop and implement a plan to prevent future incidents.

V. Notification Process (Requirement of Department and/or General Counsel)

When a security breach of a computer system or written material containing personal information occurs, any affected party must be notified as soon as possible at no charge. The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system. The department will coordinate the notification process with General Counsel, Media & Communications Resources and other campus entities as required.

The department will be responsible for identifying the information that was breached and must generate a detailed report that lists the breaches and outlines any corrective measures that have been taken to prevent future breaches of the security of the system data or written material. The report must be submitted to the General Assembly within five business days of the discovery or notification of the breach. In addition, an annual report of any breaches of security of system data or written materials and the corrective measures that have been taken to prevent future breaches will be filed with the General Assembly.

VI. Disposal of Information

Personal data that is no longer needed shall be disposed of in a manner to ensure the security and confidentiality of the material.


Appendix I: 815 ILCS 530/) Personal Information Protection Act.


(815 ILCS 530/) Personal Information Protection Act.
(815 ILCS 530/1) 
Sec. 1. Short title. This Act may be cited as the Personal Information Protection Act. 
(Source: P.A. 94 36, eff. 1 1 06.)


(815 ILCS 530/5) 
Sec. 5. Definitions. In this Act: 
"Data Collector" may include, but is not limited to, government agencies, public and private universities, privately and publicly held corporations, financial institutions, retail operators, and any other entity that, for any purpose, handles, collects, disseminates, or otherwise deals with nonpublic personal information. 
"Breach of the security of the system data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the data collector. "Breach of the security of the system data" does not include good faith acquisition of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector, provided that the personal information is not used for a purpose unrelated to the data collector's business or subject to further unauthorized disclosure. 
"Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted:

(1) Social Security number. 
(2) Driver's license number or State identification card number.
(3) Account number of credit card or debit card number, or an account number or credit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account.

"Personal information" does not include publicly available information that is lawfully made available to the general public from federal, State, or local government records. 
(Source: P.A. 94 36, eff. 1 1 06.)

(815 ILCS 530/10) 
Sec. 10. Notice of Breach. 

(a) Any data collector that owns or licenses personal information concerning an Illinois resident shall notify the resident that there has been a breach of the security of the system data following discovery or notification of the breach. The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system. 

(b) Any data collector that maintains computerized data that includes personal information that the data collector does not own or license shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. 

(c) For purposes of this Section, notice to consumers may be provided by one of the following methods: 
(1) written notice; 
(2) electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures for notices legally required to be in writing as set forth in Section 7001 of Title 15 of the United States Code; or

(3) substitute notice, if the data collector demonstrates that the cost of providing notice would exceed $250,000 or that the affected class of subject persons to be notified exceeds 500,000, or the data collector does not have sufficient contact information. Substitute notice shall consist of all of the following: (i) email notice if the data collector has an email address for the subject persons; (ii) conspicuous posting of the notice on the data collector's web site page if the data collector maintains one; and (iii) notification to major statewide media.

(d) Notwithstanding subsection (c), a data collector that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this Act, shall be deemed in compliance with the notification requirements of this Section if the data collector notifies subject persons in accordance with its policies in the event of a breach of the security of the system data.
(Source: P.A. 94 36, eff. 1 1 06.)


(815 ILCS 530/15) 
Sec. 15. Waiver. Any waiver of the provisions of this Act is contrary to public policy and is void and unenforceable. 
(Source: P.A. 94 36, eff. 1 1 06.)


(815 ILCS 530/20) 
Sec. 20. Violation. A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. 
(Source: P.A. 94 36, eff. 1 1 06.)


(815 ILCS 530/900) 
Sec. 900. (Amendatory provisions; text omitted). 
(Source: P.A. 94 36, eff. 1 1 06; text omitted.)