N.Y. Comp. Codes R. & Regs. tit. 2 § 111.7

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

Section 111.7 - Appeal

(a) Any data subject denied access to a record or denied a request to amend or correct a record or personal information pursuant to this Part may, within 30 business days of such denial, appeal such denial in writing to the privacy appeals officer.

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

(1) the request for a record or amendment or correction of a record or personal information which has been denied in whole or in part;

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

(3) the name and return address of the data subject or the person making the appeal.

(c) Within seven business days of an appeal of a denial of access, or within 30 days of an appeal concerning a denial of a request for correction or amendment, the privacy appeals officer 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 paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e) If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:

(1) file with this office a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and

(2) request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(f) This office shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part upon receipt, the determination thereon and the reasons therefor at the time of such determination.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 111.7

Amended New York State Register October 21, 2015/Volume XXXVII, Issue 42, eff.10/21/2015