N.Y. Comp. Codes R. & Regs. tit. 21 § 701.6

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

Section 701.6 - Appeals

(a) If a request for access to a record or to amend or correct a record or personal information is denied, the data subject may appeal, in writing, within 30 days of such denial.

(b) The chairman, a commissioner, chief counsel or a designated executive, senior or other assistant counsel shall decide appeals from denials of access to a record or a request to amend or correct a record or personal information under the Personal Privacy Protection Law. Appeals should be addressed as follows: Privacy Compliance Appeals Officer, New York State Commission of Investigation, 270 Broadway, 26th Floor, New York, NY 10007, (212) 577-0700.

(c) The time for deciding an appeal shall commence upon receipt of a written appeal identifying:

(1) the date of the appeal;

(2) the date and location of a request for a record or amendment or correction of a record or personal information;

(3) the record that is the subject of the appeal;

(4) whether the denial was in writing or due to a failure to provide records promptly as required by section 701.3(c) of this Part; and

(5) the name and return address of the appellant.

(d) The privacy compliance appeals officer will notify the appellant of the appellate decision, in writing, within seven business days of receipt of an appeal of a denial of access, or within 30 business days of receipt of an appeal concerning a denial of a request for correction or amendment, and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(e) The privacy compliance appeals officer shall also forward copies of all appeals and appellate decisions to the Committee on Open Government of the Department of State, or its successor.

(f) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 701.6