N.Y. Comp. Codes R. & Regs. tit. 9 § 551.10

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

Section 551.10 - Appeal

(a) Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to sect ion 551.9 of this Part may, within 30 days of such denial, appeal to the Counsel of the Office of Information Technology Services.

(b) The Counsel may, with respect to any one or more appeals, delegate its authority hereunder to any assistant counsel of the Office of Information Technology Services.

(c) The time for deciding an appeal shall commence upon receipt of an appeal that identifies:

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

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

(3) the name and address of the person making the appeal.

(d) Within seven business days of an appeal of a denial of access, or within 30 days of an appeal concerning denial of a request for correction or amendment, the person determining such appeal 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.

(e) If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, upon 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 (1) of subdivision one of section 96 of the Public Officers Law.

(f) The Office of Information Technology Services shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this section upon receipt, the determination thereof and the reasons therefore at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 551.10

Amended New York State Register April 4, 2018/Volume XL, Issue 14, eff. 4/4/2018