New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter I - General Regulations
Part 2 - Access To Personal Information
Section 2.2 - Definitions

Universal Citation: 5 NY Comp Codes Rules and Regs ยง 2.2

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

For the purposes of this Part:

(a) The term department means the New York State Department of Economic Development.

(b) The term committee means the Committee on Open Government.

(c) The term data subject means any natural person about whom personal information has been collected by the department.

(d) The term personal information means any information concerning a data subject which, because of name, number, symbol, mark or other identifier, can be used to identify the data subject.

(e) The term disclose means to reveal, release, transfer, disseminate or otherwise communicate personal information or records orally, in writing or by electronic or any means to other than the data subject.

(f) The term record means any item, collection or grouping of personal information about a data subject which is maintained and is retrievable by use of the name or other identifier of the data subject. The term record shall not include personal information which is not used to make any determination about the data subject if it is:

(1) a telephone book or directory which is used exclusively for telephone and directory information;

(2) any card catalog, book or other resource material in any library;

(3) any compilation of information containing names and addresses only which is used exclusively for the purpose of mailing department information;

(4) personal information required by law to be maintained, and required by law to be used, only for statistical research or reporting purposes;

(5) information requested by the department which is necessary for the department to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(g) The term routine use means, with respect to the disclosure of a record or personal information, any use of such record or personal information relevant to the purposes for which it was collected, and which use is necessary to the statutory duties of the department or is necessary to the department for its operation of a program specifically authorized by law.

(h) The term system of records means any group of records under the actual or constructive control of the department pertaining to one or more data subjects from which personal information is retrievable by use of the name or other identifier of a data subject.

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