N.Y. Comp. Codes R. & Regs. tit. 1 § 365.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 365.4 - Request for record

(a) A request from a data subject for access to a record pertaining to him or her shall be made in writing to the department's privacy compliance officer at the main office of the department and shall reasonably describe the record sought provided that the department may make a record available upon oral request.

(b) Requests from data subjects for access to records shall be accepted by the department during normal business hours.

(c) Upon receipt of an oral or written request from a data subject for access to a record pertaining to him or her, the department may require the data subject to produce proof of identity, such as a driver's license or other identification, which verifies the identity of the data subject making the request. The department may require that said proof of identity be produced during normal business hours at a location near the residence of the data subject, such as the nearest regional office of the department, whenever reasonable, or by mail. When production of proof of identity at such a location or by mail would not be reasonable, the department may require that proof of identity be produced during normal business hours at the main office of the department.

(d) Within five business days of the receipt of a written request from a data subject for a record reasonably described pertaining to that data subject, the department shall:

(1) make such record available to the data subject;

(2) deny such request in whole or in part and provide the reasons therefor in writing; or

(3) furnish a written acknowledgment of the receipt of such request and a statement of the approximate date within 30 days of the date of acknowledgment, that the request will be decided.

(e) Whenever a data subject is granted access to a record pursuant to article 6-A of the Public Officers Law, the department shall provide the data subject such access during normal business hours at the department's main address or when reasonable, at a regional office convenient to the data subject or by mail.

(f) If access to a record is granted to a data subject pursuant to this Part, the department shall, upon the request of the data subject and upon the payment of or offer to pay the fee prescribed by section 89 of the Public Officers Law, provide the data subject with a copy of the record requested and shall certify of such copy to be a true copy of such record if necessary and if requested.

(g) Any record made available pursuant to this Part shall be made available in a printed or written form without any codes or symbols, unless accompanied by a document fully explaining such codes or symbols. Upon the data subject's voluntary request the department shall permit a person of the data subject's choosing to accompany the data subject when reviewing and obtaining a copy of a record, provided that the department may require the data subject to furnish a written statement authorizing discussion of the record in the accompanying person's presence.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 365.4