(i) assisting a
data subject in identifying and requesting personal information, if
(ii) describing 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 identifiable to a data subject requesting such record or personal
(iii) taking one of
the following actions upon locating the record sought:
(a) make the record available for inspection,
in a printed form without codes or symbols, unless an accompanying document
explaining such codes or symbols is also provided;
(b) permit the data subject to copy the
(c) deny access to the
record in whole or in part and explain in writing the reasons
(iv) making a
copy available, upon request, upon payment of or offer to pay established fees,
if any, or permitting the data subject to copy the records;
certifying, upon request, that:
(a) the State
Fund does not have possession of the record sought;
(b) the State Fund cannot locate the record
sought after having made a diligent search; or
(c) the information sought cannot be
retrieved by use of the description thereof, or by use of the name or other
identifier of the data subject without extraordinary search methods being
employed by the State Fund.
Proof of identity.
(1) When a
request is made in person, or when records are made available in person
following a request made by mail, the State Fund may require appropriate
identification, such as a driver's license, an identifier assigned to the data
subject by the State Fund, a photograph, or similar information that confirms
that the record sought pertains to the data subject.
(2) When a request is made by mail, the State
Fund may require verification of a signature or inclusion of an identifier
generally known only by a data subject, or similar appropriate
(3) Proof of
identity shall not be required regarding a request for a record accessible to
the public pursuant to article 6 of the Public Officers Law.
(1) Records shall be made available at the
main office of the State Fund, which is located at 199 Church Street, New York,
(2) Whenever practicable,
records shall be made available at a regional office most convenient to a data
subject. Regional offices are located at:
15 Computer Drive West, Albany, NY 12205
225 Oak Street, Buffalo, NY 14203
159 North Franklin Street, Hempstead, NY 11550
2950 Expressway Drive South, Islandia, NY 11722
1045 7th North Street, Liverpool, NY 13088
1000 Marine Midland Plaza, Rochester, NY 14604
701 Westchester Avenue, Suite 100E, White Plains, NY
Hours for public inspection and copying.
The State Fund shall accept requests for records and produce
records during regular business hours, which are 8:45 a.m. to 5 p.m.
(1) All requests shall be
made in writing, except that the State Fund may make records available upon an
oral request made in person after the applicant has demonstrated proof of
(2) A request shall
reasonably describe the record sought. Whenever possible, the data subject
should supply identifying information that assists the State Fund in locating
the records sought.
based upon categories of information described in a notice of a system of
records or a privacy impact statement shall be deemed to reasonably describe
the record sought.
(4) Within five
business days of the receipt of a request, the State Fund shall provide access
to the record, deny access in writing explaining the reasons therefor, or
acknowledge the receipt of the request in writing, stating the approximate date
when the request will be granted or denied, which date shall not exceed 30 days
from the date of the acknowledgment.
Amendment of records.
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 State Fund shall:
(1) make the amendment or correction in whole
or in part 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
Denial of request for a record or amendment or correction of a record or
(1) Denial of a
request for records or amendment or correction of a record or personal
information shall be in writing, explaining the reasons therefor and
identifying the person to whom an appeal may be directed.
(2) A failure to grant or deny access to
records within five business days of the receipt of a request or within 30 days
of an acknowledgment of the receipt of a request, or a failure to respond to a
request for amendment or correction of a record within 30 business days of
receipt of such a request, shall be construed as a denial that may be
(3) Any such denial may
be appealed to:
199 Church Street
New York, NY 10007
(1) Any person denied access to a record or
denied a request to amend or correct a record or personal information pursuant
to subdivision (h) of this section may, within 30 days of such denial, appeal
to the executive director.
time for deciding an appeal shall commence upon receipt of an appeal that
(i) the date and location of a
request for a record or amendment or correction of a record or personal
(ii) the record that
is the subject of the appeal; and
(iii) the name and return address of the
seven business days of an appeal of a denial of access, or within 30 days of an
appeal concerning a denial of a request for correction or amendment, the person
determining such appeals shall:
access to or correct or amend the record or personal information; or
(ii) 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.
(4) 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.
(5) The State Fund shall immediately forward
to the Committee on Open Government a copy of any appeal made pursuant to this
section upon receipt, the determination thereof and the reasons therefor at the
time of such determination.
Statement of disagreement by data
(1) 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:
(i) file with the State Fund
a statement of reasonable length setting forth the data subject's reasons for
disagreement with the determination; and
(ii) 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
96 of the Public Officers Law.
(2) Upon receipt of a statement of
disagreement by a data subject, the State Fund shall:
(i) clearly note any portions of the record
that are disputed; and
the data subject's statement as part of the record.
(3) 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 1 of
96 of the Public Officers Law, the State Fund
may also include a concise statement of its reasons for not making the
requested amendment or correction.
(1) Unless otherwise prescribed by statute,
there shall be no fee charged for:
inspection of records;
for records; or
certification pursuant to this Part.
(2) Unless otherwise prescribed by statute,
copies of records shall be provided:
(i) at a
rate of 25 cents per page of up to 9 by 14 inches; or
(ii) upon payment of the actual cost of
reproduction, if the record or personal information cannot be
actual cost of reproduction shall be based upon the average unit cost for
copying a record, excluding fixed costs of the State Fund, such as operator
salaries and overhead.
If any provision of this section or the application thereof
to any person or circumstances is adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or impair the validity of the
other provisions of this section of the application thereof to other persons