New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter I - General Regulations
Part 2 - Access To Personal Information
Section 2.9 - Appeal of denial
Universal Citation: 5 NY Comp Codes Rules and Regs ยง 2.9
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Any data subject whose request under section 2.7 or 2.8 of this Part is denied in whole or in part, within 30 business days, may appeal such denial in writing to the deputy commissioner and counsel of the department.
(b) Within seven business days of the receipt of an appeal of a denial of access, or within 30 business days of an appeal of a denial of a request for correction or amendment, the deputy commissioner and counsel shall either:
(1) provide access to or correct or amend the
record and notify the data subject that, upon request, the correction or
amendment shall be provided to any or all persons or governmental units to
which the record or personal information has been disclosed; or
(2)
(i)
fully explain in writing to the data subject the factual and statutory reasons
for further denial and inform the data subject of his or her right to seek
judicial review of the determination under section
97 of the Public Officers Law;
(ii) inform the data subject of the right to
file with the department a statement of reasonable length setting forth the
reasons for disagreement with the determination and that upon request of the
data subject, the statement of disagreement will be provided to any or all
persons or governmental units to which the record has been disclosed;
(iii) clearly note any portions of the record
which are disputed, and attach the statement of disagreement as part of the
record, provided that a concise statement of the reasons for not making the
requested amendment or correction may also be included in the record;
and
(iv) immediately forward to the
committee a copy of the appeal, together with the determination and the reasons
set forth.
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