N.Y. Comp. Codes R. & Regs. Tit. 21 § 701.7 - Amendment of records and statement of disagreement by data subject
(a) Within 30
business days of a request from a data subject for correction or amendment of a
record or personal information that is reasonably described and that pertains
to the data subject, the commission will:
(1)
make the amendment or correction in whole or in part, as is reasonable under
the circumstances, and inform the data subject that, on request, such
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; or
(2) inform
the data subject in writing of its refusal to correct or amend the record,
including the reasons therefor.
(b) 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 data subject of
the right to:
(1) file with the commission a
statement of reasonable length setting forth the data subject's reasons for
disagreement with the determination;
(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.
(c)
Upon receipt of a statement of disagreement by a data subject, the commission
will:
(1) clearly note any portions of the
record that are disputed; and
(2)
attach the data subject's statement as part of the record.
(d) When providing a data subject'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 96 of
section
96 of the
Public Officers Law, the agency may also include a concise statement of its
reason for not making the requested amendment or correction.
Notes
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