New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXXIII - United Nations Development Corporation
Part 2053 - Personal Privacy Protection Regulations
Section 2053.14 - Accounting for certain disclosures
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 2053.14
Current through Register Vol. 46, No. 52, December 24, 2024
(a) The corporation, for disclosures made pursuant to section 2053.4(a)(4), (9) and (12) of this Part, except for disclosures made for inclusion in public safety agency records when the record is requested for the purpose of obtaining information required for the investigation of a violation of civil or criminal statutes within the disclosing agency, shall:
(1) keep an accurate accounting of the date,
nature and purpose of each disclosure of a record or personal information, and
the name and address of the person or governmental unit to whom the disclosure
is made;
(2) retain the accounting
made under paragraph (1) of this subdivision as part of said record for at
least five years after the disclosure for which the accounting is made, or for
the life of the record disclosed, whichever is longer;
(3) at the request of the data subject,
inform any person or other governmental unit to which a disclosure has been or
is made of any correction, amendment, or notation of dispute made by the
corporation, provided that an accounting of the prior disclosure was made or
that the data subject to whom the record pertains provides the name of such
person or governmental unit;
(4)
with respect to a disclosure made for inclusion in a public safety agency
record or to a governmental unit or component thereof whose primary function is
the enforcement of civil or criminal statutes, notify the receiving
governmental unit that an accounting of such disclosure is being made pursuant
to this subdivision and that such accounting will be accessible to the data
subject upon his or her request unless otherwise specified by the receiving
governmental unit pursuant to paragraph (5) of this subdivision;
(5) with respect to a disclosure made for
inclusion in a public safety agency record or to a governmental unit or
component thereof whose primary function is the enforcement of civil or
criminal statutes, if in its request for the record the receiving governmental
unit states that it has determined that access by the data subject to the
accounting of such disclosure would impede criminal investigations and
specifies the approximate date on which such determination will no longer be
applicable, refuse the data subject access to such accounting or information
that such accounting has been made, except upon court ordered subpoena, during
the applicable time period. Upon the expiration of said time period the
corporation shall inquire of the receiving governmental unit as to the
continued relevancy of the initial determination and, unless requested in
writing by the receiving governmental unit to extend the determination for a
specified period of time, shall make available to the data subject an
accounting of said disclosure; and
(6) in making a disclosure pursuant to
section 2053.4 of this Part, make such
disclosure pursuant to paragraph (a)(4), (9) or (12) of such section only when
such disclosure cannot be made pursuant to any other paragraph of said
section.
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