N.Y. Comp. Codes R. & Regs. tit. 8 § 315.9

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

Section 315.9 - Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 315.8 of this Part may, within 30 business days of such denial, appeal to: Vice Chancellor for Governmental and University Relations, or designee, State University of New York, State University Plaza, Albany, NY 12246, telephone: (518) 443-5148.

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

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

(2) the record that is the subject of the appeal; and

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

(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 person designated to determine appeals 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 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 Public Officers Law, section 96(1)(d), (i) or (l).

(e) The person designated to determine appeals shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part, the determination thereof, and the reasons therefor.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 315.9