N.Y. Comp. Codes R. & Regs. tit. 8 § 315.2

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

Section 315.2 - Designation of privacy compliance officer

(a) The chancellor, for the central administration of the university, and the chief administrative officer of each State-operated institution are responsible for ensuring compliance with the regulations herein. For the purposes of central administration of the university, the Executive Director, Central Administration Services, or designee, State University Plaza, Albany, NY 12246, shall serve as privacy compliance officer. A privacy compliance officer shall be designated by the chief administrative officer of each State-operated campus. The name, title and business address of the campus privacy compliance officer may be obtained from the office of the chief administrative officer of each campus.

(b) Privacy compliance officers are responsible for ensuring appropriate responses to requests for access to and for amendment or correction of records in accordance with the Personal Privacy Protection Law. The designation of privacy compliance officers shall not be construed to prohibit officials who have in the past been authorized to make records available or to amend or correct such records from continuing to do so. Privacy compliance offices shall ensure that personnel:

(1) assist a data subject in identifying and requesting personal information, if necessary;

(2) describe the contents of systems of records orally or in writing in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to the data subject;

(3) take one of the following actions upon locating the record sought:

(i) 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;

(ii) permit the data subject to copy the record; or

(iii) deny access to the record in whole or in part and explain in writing the reasons therefor;

(4) upon request for copies of records, make a copy available upon payment of 25 cents per page;

(5) upon request, certify that a copy of a record is a true copy; or

(6) upon request, certify that:

(i) the university or campus does not have possession of the record sought;

(ii) the university or campus cannot locate the record sought after having made a diligent search; or

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

N.Y. Comp. Codes R. & Regs. Tit. 8 § 315.2