N.Y. Comp. Codes R. & Regs. Tit. 7 § 6.10 - Appeal
(a) Any person
denied access to a record or personal information pursuant to this section may,
within 30 business days of such denial, appeal to the Counsel of the Department
of Correctional Services.
(b) The
time for deciding an appeal shall commence upon receipt of an appeal that
identifies:
(1) the date and location of a
request for a record or amendment or correction of a record or personal
information;
(2) the record that is
the subject of the appeal; and
(3)
the name and return address of the appellant.
(c) Within seven business days of an appeal
of a denial of access, or within 30 business days of an appeal concerning a
denial of a request for correction or amendment, the person determining such
appeals shall:
(1) provide access to or
correct or amend the record or personal information; or
(2) fully explain in writing the factual and
statutory reasons for further denial, 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.
(d) 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.
(e) The agency shall immediately forward to
the Committee on Open Government a copy of any appeal made pursuant to this
Part upon receipt, the determination thereof and the reasons therefor at the
time of such determination.
Notes
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