N.Y. Comp. Codes R. & Regs. tit. 4 § 81.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 81.8 - Appeals

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to this Part may, within 30 business days of such denial, appeal in writing to the Deputy Commissioner and General Counsel of the Department of Civil Service at the W. Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239.

(b) In order to be acted upon, the appeal must identify:

(1) the record that it concerns;

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

(3) the appellant, and list his or her address.

(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the deputy commissioner and general counsel shall:

(1) provide access to or correct or amend the record or personal information; or

(2) fully explain, in writing, the factual and statutory reasons for further denial, 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.

(d) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on his or her 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.

(e) The department shall immediately forward to the Committee on Open Government a copy of any such appeal, upon receipt, and its determination, when made, and the reasons therefor.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 81.8