N.Y. Comp. Codes R. & Regs. tit. 4 § 81.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 81.4 - Procedures

(a) Persons who wish to determine whether the department or commission maintains records containing information identifiable to them may contact the privacy compliance officer, who will assist in identifying such records and, if appropriate, will describe the contents of the department's system of records orally or in writing.

(b) Requests for access to records may be made to the privacy compliance officer in writing or orally, and must reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the department in locating the record sought. Requests will be accepted by mail, or in person, at the W. Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239, on any workday between the hours of 8:30 a.m. and 4:45 p.m.

(c) Within five business days of the receipt of a request, the department shall either provide access to the record or deny access in writing, explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which shall be within 30 days from the date of the acknowledgment.

(d) When the record is located, the department shall:

(1) make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

(2) if requested, make a copy available, upon payment of or offer to pay the fees authorized by section 81.10 of this Part, or permit the data subject to copy the record by hand; or

(3) deny access to the record, in whole or in part, and explain in writing the reasons therefor.

(e) Records or copies shall be made available at the Department of Civil Service on the State Campus in Albany, or where they are kept, and shall not be removed from that location without the express written consent of the head of the Department of Civil Service.

(f) Proof of identity, by presentation of a driver's license or other documentation or verification of signature or identifying facts, or other means, at the option of the department, may be required of a person making a request.

(g) Upon request, the privacy compliance officer shall certify that:

(1) a copy of a record is a true copy; or

(2) the department does not have possession of the record sought; or

(3) the department cannot locate the record sought after having made a diligent search; or

(4) the information sought cannot be retrieved by use of the description provided, or by use of the name or other identifier of the data subject, without extraordinary search methods being employed.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 81.4