N.Y. Comp. Codes R. & Regs. tit. 8 § 188.16

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

Section 188.16 - Access to records stored in records center facilities

(a) Access to records stored in and serviced at a records center facility will be permitted only as authorized in writing by the agency records management officer or the authorized representative of the unit of the judiciary transferring records to the facility. Such authorizations shall be in a manner and form prescribed by the director.

(b) Each agency or unit of the judiciary, when transferring records to a records center facility, shall indicate in writing such restrictions on the retrieval of records as the agency or unit of the judiciary desires or requires the director to enforce. The director shall take all necessary and proper actions to enforce such restrictions.

(c) The State Archives will provide retrieval and refiling services for records stored in a records center facility. Requests for a record stored in a records center facility may be made in person, by telephone, or by mail in a manner and form prescribed by the director. The State Archives will release records only to authorized representatives of the agency or the unit of the judiciary which transferred the records.

(d) In the event that the commissioner or the director is served with a court order or a subpoena, or a request for certification of authenticity, or a written request for access to records, or any legal process which relates to records stored in a records center facility, the commissioner or the director shall immediately notify the agency or the unit of the judiciary which transferred such records to the records center facility. It shall then be the duty of such agency or unit of the judiciary to respond to the order, request, or other legal process.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 188.16