N.Y. Comp. Codes R. & Regs. tit. 9 § 369.2

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

Section 369.2 - Designation of privacy compliance officer

(a) The executive deputy director is hereby designated privacy compliance officer and is responsible for ensuring that the division complies with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating the division's response to requests for records or amendment of records.

(b) The address and telephone number of the privacy compliance officer is: Four Tower Place, Albany, NY 12203, (518) 485-2395.

(c) The privacy compliance officer has the responsibility to:

(1) ensure that personnel maintain an up-to-date subject matter list;

(2) assist a data subject in identifying and requesting personal information, if necessary;

(3) describe the contents of systems of records orally or in writing in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;

(4) take one of the following actions upon locating the record sought:

(i) make the record available for inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;

(ii) permit the data subject to copy the record; or

(iii) deny access to the record in whole or in part and explain in writing the reasons therefor;

(5) make a copy available, upon request, upon payment of or offer to pay established fees, if any, or permitting the data subject to copy the records;

(6) upon request, certify that a copy of a record is a true copy; or

(7) if the division fails to locate records, certify, upon request, that:

(i) the division does not have possession of the record sought;

(ii) the division cannot locate the records sought after having made a diligent search; or

(iii) the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject without extraordinary search methods being employed by the division.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 369.2