N.Y. Comp. Codes R. & Regs. tit. 17 § 2.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2.9 - Appeals

(a) Any data subject whose request under section 2.7 or 2.8 of this Part is denied in whole or in part, within 30 business days may appeal such denial in writing to:

Commissioner of Transportation

Att: Transportation Executive Officer

New York State Department of Transportation

State Office Campus

1220 Washington Avenue

Albany, NY 12232

(b) Within seven business days of receipt of an appeal of a denial of access, or within 30 business days of an appeal of denial of a request or correction or amendment, the transportation executive officer shall either:

(1) provide access to or correct or amend the record and notify the data subject that, upon request, the correction or amendment shall be provided to any or all persons or governmental units to which the record or personal information has been disclosed; or

(2) fully explain in writing to the data subject the factual and statutory reasons for further denial and inform the data subject of the right to seek judicial review of the determination under section 97 of the Public Officers Law;

(3) inform the data subject of the right to file with the department a statement of reasonable length setting forth the reasons for disagreement with determination and that upon request of the data subject, the statement of disagreement will be provided to any or all persons or governmental units to which the record has been disclosed;

(4) clearly note any portions of the record which are disputed and attach the statement of disagreement as part of the record, provided that a concise statement of the reasons for not making the requested amendment or correction may also be included in the record;

(5) immediately forward to the committee the appeal together with the determination and the reasons set forth.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 2.9