9 CRR-NY 462.1NY-CRR
9 CRR-NY 462.1
9 CRR-NY 462.1
462.1 Procedures for providing access to records.
(a) Form for request.
(1) All requests shall be made in writing except that the agency may make records available upon an oral request made in person.
(2) A request may be addressed to the main office records access officer, to the personnel records access officer or to a regional records access officer.
(3) A request shall reasonably describe the record or records sought. Whenever possible, the data subject should supply identifying information that will assist in locating the records sought.
(b) Proof of identity.
(1) When a request is made by mail, the agency may require verification of a signature of inclusion of an identifier generally known only by the data subject, or similar appropriate identification.
(2) When a request is made in person, or when records are made available in person following a request made by mail, the agency may require appropriate identification.
(c) Location.
Records shall be made available at the agency's central office. However, the agency shall arrange for records to be made available at the regional headquarters nearest the residence of the data subject whenever possible.
(d) Hours.
The agency shall accept requests for records and make records available during all regular business hours.
(e) Processing the request.
In processing the request, the records access officer shall:
(1) assist the data subject in identifying and requesting personal information, if necessary;
(2) 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 pertaining to him or her;
(3) within five days of the receipt of a written request, either:
(i) make the record available;
(ii) deny access to the record in whole or in part and explain in writing the reasons therefor; or
(iii) acknowledge receipt of the request in writing and advise the data subject of the date by which the request will be granted or denied;
(iv) if an acknowledgment was given to the data subject according to this paragraph, grant or deny access to the record within 30 days.
(f) Making the record available.
In making a record available, the agency shall:
(1) make the record available for review, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;
(2) permit the data subject to copy the record;
(3) make a copy of the record for the data subject, upon request, and upon the payment of or offer to pay the required fee, which shall be the same as the fee set out at section 461.9 of this Title; and
(4) upon request, certify that a copy of a record is a true copy.
(g) Upon request, another person may accompany the data subject, when reviewing or obtaining copies of records. The records access officer may require the data subject to furnish a written statement authorizing discussion of the record in the other person's presence.
9 CRR-NY 462.1
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.