New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter VI - PUBLIC ACCESS TO DEPARTMENTAL RECORDS
Part 121 - ACCESS TO PERSONAL INFORMATION
Section 121.2 - Designation of privacy compliance officer

Universal Citation: 13 NY Comp Codes Rules and Regs ยง 121.2

Current through Register Vol. 45, No. 52, December 27, 2023

(a) The department's privacy compliance officer is responsible for ensuring compliance with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating department's response to requests for records or amendments of records. Responsibility for compliance by all special investigation units and the Statewide Organized Crime Task Force established pursuant to statute shall rest with the deputy attorney general in charge of the investigation unit or the deputy attorney general in charge of the Organized Crime Task Force.

(b) Deleted.

(c) The privacy compliance officer is responsible for:

(1) assisting a data subject in identifying and requesting personal information, if necessary;

(2) 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 information;

(3) taking one of the following actions upon locating the record sought:
(i) 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;

(ii) permit the data subject to copy the record; or

(iii) deny access to the record in whole or in part and explain in writing the reasons therefor;

(4) 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;

(5) upon request, certifying that a copy of a record is a true copy; or

(6) certifying, upon request, that:
(i) the department does not have possession of the record sought;

(ii) the department cannot locate the record sought after having made a diligent search; or

(iii) the information sought cannot be retreived 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 department.

Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018

Amended New York State Register July 7, 2021/Volume XLIII, Issue 27, eff. 7/7/2021

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