9 CRR-NY 166-3.11NY-CRR
9 CRR-NY 166-3.11
9 CRR-NY 166-3.11
166-3.11 Appeal of denial of access to, or correction or amendment of records.
(a) Any data subject whose request under section 166-3.9 or 166-3.10 of this Subpart is denied in whole or in part may, within 30 business days, appeal such denial in writing to the general counsel to the division.
(b) Within seven business days of the receipt of an appeal concerning denial of access, or within 30 business days of the receipt of an appeal concerning denial of correction or amendment, the general counsel to the division or his designee shall either:
(1) provide access to, or correct or amend, the record and notify the data subject that, upon request, the correction or amendment shall be provided to any or all persons or governmental units to which the record or personal information has been disclosed; or
(2)
(i) fully explain in writing to the data subject the factual and statutory reasons for further denial and inform the data subject of his or her right to seek judicial review of the determination under Public Officers Law, section 97;
(ii) inform the data subject of the right to file with the division a statement of reasonable length setting forth the reasons for disagreement with the determination and that upon request, the statement of disagreement will be provided to any or all persons or governmental units to which the record has been disclosed;
(iii) clearly note any portions of the record which are disputed, and attach the statement of disagreement as part of the record, provided that a concise statement of the reasons for not making the requested amendment or correction may also be included in the record; and
(iv) immediately forward to the committee a copy of the appeal, together with the determination and the reasons set forth.
9 CRR-NY 166-3.11
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.