N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 166-3.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 166-3.2 - Definitions

When used in this Subpart:

(a)Division means the Division for Youth.

(b)Committee means the Committee on Open Government.

(c)Data subject means any natural person about whom personal information has been collected by the division.

(d)Disclose means to reveal, release, transfer, disseminate or otherwise communicate personal information or records orally, in writing or by electronic or any other means, other than to the data subject.

(e)Personal information means any information concerning a data subject which, because of name, number, symbol, mark or other identifier, can be used to identify that data subject.

(f)Record means any item, collection or grouping of personal information about a data subject which is maintained and is retrievable by use of the name or other identifier of the data subject. The term record shall not include personal information which is not used to make any determination about the data subject if it is:

(1) a telephone book or directory which is used exclusively for telephone and directory information;

(2) any card catalog, book or other resource material in any library;

(3) any compilation of information containing names and addresses only which is used exclusively for the purpose of mailing agency information;

(4) personal information required by law to be maintained, and required by law to be used, only for statistical research or reporting purposes;

(5) information requested by the agency which is necessary for the agency to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(g)Routine use means, with respect to the disclosure of a record or personal information, any use of such record or personal information relevant to the purpose for which it was collected, and which use is necessary to the statutory duties of the division or necessary for the division to operate a program specifically authorized by law.

(h)System of records means any group of records under the actual or constructive control of the division pertaining to one or more data subjects from which personal information is retrievable by use of the name or other identifier of a data subject.

(i)Unwarranted invasion of personal privacy includes, but is not limited to:

(1) disclosure of employment, medical or credit histories or personal references of applicants for employment;

(2) sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes;

(3) disclosure of information of a personal nature when disclosure would result in economic or personal hardship to a data subject and such information is not relevant to the work of the agency requesting or maintaining it; or

(4) disclosure of information of a personal nature reported in confidence to the division which is not relevant to the ordinary work of the division.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 166-3.2

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015