N.Y. Comp. Codes R. & Regs. Tit. 21 § 701.6 - Appeals
(a) If a request
for access to a record or to amend or correct a record or personal information
is denied, the data subject may appeal, in writing, within 30 days of such
denial.
(b) The chairman, a
commissioner, chief counsel or a designated executive, senior or other
assistant counsel shall decide appeals from denials of access to a record or a
request to amend or correct a record or personal information under the Personal
Privacy Protection Law. Appeals should be addressed as follows: Privacy
Compliance Appeals Officer, New York State Commission of Investigation, 270
Broadway, 26th Floor, New York, NY 10007, (212) 577-0700.
(c) The time for deciding an appeal shall
commence upon receipt of a written appeal identifying:
(1) the date of the appeal;
(2) the date and location of a request for a
record or amendment or correction of a record or personal
information;
(3) the record that is
the subject of the appeal;
(4)
whether the denial was in writing or due to a failure to provide records
promptly as required by section
701.3(c)
of this Part; and
(5) the name and
return address of the appellant.
(d) The privacy compliance appeals officer
will notify the appellant of the appellate decision, in writing, within seven
business days of receipt of an appeal of a denial of access, or within 30
business days of receipt of an appeal concerning a denial of a request for
correction or amendment, 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.
(e) The
privacy compliance appeals officer shall also forward copies of all appeals and
appellate decisions to the Committee on Open Government of the Department of
State, or its successor.
(f) 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.
Notes
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