New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter L - Public Access To Records
Part 161 - Access To Personal Information
Section 161.2 - Designation of privacy compliance officer

Universal Citation: 15 NY Comp Codes Rules and Regs ยง 161.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The records manager in the FOIL processing center is hereby designated privacy compliance officer and is responsible for ensuring that the department complies with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating the department's response to requests for records or amendments of records.

(b) The address and telephone number of the privacy compliance officer is: New York State Department of Motor Vehicles, Attn: Privacy Compliance Officer, 6 Empire State Plaza, Albany, NY 12228, (518) 486-5957.

(c) The privacy compliance officer is responsible for:

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

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

(6) certifying, upon request, that:
(i) the department does 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 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 department.

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