N.Y. Comp. Codes R. & Regs. tit. 6 § 616.29

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

Section 616.29 - Statement of disagreement by an individual

(a) 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 individual of the right to:

(1) file with the department a statement of reasonable length setting forth the individual'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 (which paragraphs pertain to disclosures to other governmental units, to disclosures based upon circumstances affecting the health or safety of an individual, and to disclosures to certain public safety agencies).

(b) Upon receipt of a statement of disagreement by an individual, the department shall:

(1) clearly note any portions of the record that are disputed; and

(2) attach the individual's statement as part of the record.

(c) When providing an individual's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the department may also include a concise statement of its reasons for not making the requested amendment or correction.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 616.29