New York Codes, Rules and Regulations (NYCRR)
Title 4 Part 209
Department of Civil Service
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9 sections
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4 NYCRR 209.1 - Statement of purpose
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
The purpose of this Part is to set forth the methods and procedures governing the availability, location and nature of those records of the board subject to the provisions of article 6-A of the Public Officers Law, known as the Personal Privacy Protection Law.
4 NYCRR 209.2 - Definitions
Source version current through Apr 15, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
As used in this Part, the following words and terms shall have the indicated meanings:
Note:
The meaning of the words or terms data subject, disclose, personal information, record, system of records, and routine use shall be as set forth in the Personal Privacy Protection Law, article 6-A of the Public Officers Law.
(a)Privacy compliance officer means the board's executive director, whose business address is Public Employment Relations Board, P.O. Box 2074, Empire State Plaza, Agency Building 2, 18th Floor, Albany, NY 12220-0074, or such other address as the board may designate on the agency’s website.
(b)Privacy compliance appeals officer means the chairperson of the board, whose business address is Public Employment Relations Board, P.O. Box 2074, Empire State Plaza, Agency Building 2, 20th Floor, Albany, NY 12220-0074, or such other address as the board may designate on the agency’s website.
4 NYCRR 209.3 - Times, places for inspecting records and means for verifying the identity of a data subject
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
(a)Records shall be available for inspection and copying by data subjects or their authorized representatives on every day that the officers of the board are open for the transaction of business between the hours of 8:30 a.m. and 4:45 p.m.
(b)Records may be inspected at the locations designated by the privacy compliance officer.
(c)The identity of a data subject requesting access to his or her record may be verified as follows:
(1)Before being given access to personal information, an individual shall provide reasonable verification of his or her identity. No individual need verify his or her identity when seeking access to records which are otherwise available to any member of the public under the Freedom of Information Law.
(2)In the case of an individual who seeks in-person access to or amendment of record(s), an employee identification card, a driver's license, or other similar document shall constitute reasonable verification of identity.
(3)When access to or amendment of record(s) is requested by mail, the requirement for verification of identity shall be met if the individual provides minimum identifying data, such as date of birth and some item of information in the record that only the concerned individual would likely know.
4 NYCRR 209.4 - Requests for records
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
All requests to inspect and/or copy records, subject to disclosure as provided by this Part, are to be made to the privacy compliance officer.
4 NYCRR 209.5 - Fees for copying records
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
(a)Fees for certification of copies and supplying transcripts of all documents and records under the seal of the board shall be the fees as prescribed by the applicable regulation of the board.
(b)Fees for photocopies or data printouts of records available pursuant to this Part shall be 25 cents per page.
(c)Except where fees are established by law, rule or regulation, no fee shall be charged for:
(1)inspection of a record;
(2)record searches;
(3)certification pursuant to this Part; and
(4)amendment or correction of an agency record found to be in error.
(d)Fees shall be paid in full or a valid offer made to pay established fees prior to issuance of copies, transcripts or certification of records.
(e)Payment shall be made in the form of a check, bank draft, or money order payable to New York State Public Employment Relations Board.
4 NYCRR 209.6 - Inspection and copying records
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
Inspection and copying of records shall be subject to the following process:
(a)Request for access to records must be in writing, and shall identify or reasonably describe the records sought. Such a request may be submitted by electronic mail to an email address designated by the board, and posted on the agency’s website. All responsive communications to such a request, when submitted by electronic mail, shall also be in electronic mail, provided that the request does not seek a response in another form.
(b)The privacy compliance officer shall, within five business days after receipt of a request:
(1)make requested records available;
(2)deny the request in writing and in such denial:
(i)explain the reason for denial;
(ii)set forth the right of appeal to the privacy compliance appeals officer;
(iii)provide the name, title, business address and telephone number of the privacy compliance appeals officer; or
(3)furnish written acknowledgment of the request and the approximate date when the request will be granted or denied.
(c)If access is approved, the privacy compliance officer shall cause a search for the records requested.
(d)If the record cannot be found after diligent search, the privacy compliance officer shall so notify the requestor.
(e)Upon request, the privacy compliance officer will certify that the record is a true copy.
(f)Confidentiality questions concerning records in the possession of the Board which originated in any other state or Federal agency shall be referred to such originating agency for resolution.
(g)Persons inspecting a record shall be allowed to copy it by any means which will not damage the record.
4 NYCRR 209.7 - Appeals of denial of access to records
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
(a)Any person who has been denied access to records by the privacy compliance officer may appeal such denial within 30 days to the privacy compliance appeals officer, by submitting a written request, which shall set forth:
(1)the date of the request for records;
(2)the records to which the requestor was denied access;
(3)the name and return address of the requestor; and
(4)the requestor's position, concisely stated, setting forth the reason why the decision of the privacy compliance officer should be changed.
(b)The time for deciding on an appeal by the privacy compliance appeals officer shall commence upon receipt of the written appeal.
(c)The privacy compliance appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.
(d)If the privacy compliance appeals officer determines that the denial of access was erroneous, such officer shall instruct the privacy compliance officer to allow prompt inspection or copying of the record as requested.
(e)If the privacy compliance appeals officer affirms or modifies the denial, such officer shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial review.
(f)The privacy compliance appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.
4 NYCRR 209.8 - Procedures governing the correction or amendment of records
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
The correction or amendment of records shall be subject to the following process:
(a)A request for the correction or amendment of a record shall be made in writing and shall identify or reasonably describe such record. Such a request may be submitted by electronic mail to an email address designated by the board, and posted on the agency’s website. All responsive communications to such a request, when submitted by electronic mail, shall also be in electronic mail, provided that the request does not seek a response in another form.
(b)The privacy compliance officer shall within 30 business days after receipt of a request:
(1)make requested correction or amendment in whole or part and advise the individual that upon request, parties to whom such data has been disclosed in accordance with section 94.3(c) of the Public Officers Law, will be advised of such correction or amendment;
(2)deny the request in writing. Such denial shall:
(i)explain the reason for the denial;
(ii)set forth the right of appeal to the privacy compliance appeals officer; and
(iii)provide the name, title, business address and telephone number of the privacy compliance appeals officer.
4 NYCRR 209.9 - Appeals of denial of correction or amendment of records
Source version current through Jan 31, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of Civil Service
- Section status
- Section source receipt
- Source version current through
- Jan 31, 2026
- Related Register notice
- PRB-16-17-00002-A · Adopted rule
- Related notice published
- Aug 2, 2017
- Related notice effective date
- Aug 2, 2017
(a)Any person whose request for correction or amendment of records has been denied by the privacy compliance officer may appeal such denial within 30 business days to the privacy compliance appeals officer. Such a request may be submitted by electronic mail to an email address designated by the board, and posted on the agency’s website. All responsive communications to such a request, when submitted by electronic mail, shall also be in electronic mail, provided that the request does not seek a response in another form. Such appeal shall be in writing and shall set forth:
(1)the date of the request for records;
(2)the records whose correction or amendment was denied and the requestor's justification for changes sought; and
(3)the name and return address of the requestor.
(b)The time for deciding on an appeal by the privacy compliance appeals officer shall commence upon receipt of the written appeal.
(c)The privacy compliance appeals officer shall, within 30 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.
(d)If the privacy compliance appeals officer determines that the denial was erroneous, such officer shall instruct the privacy compliance officer to allow correction or amendment of the record as requested and notify appropriate parties, if requested, by the requestor.
(e)If the privacy compliance appeals officer affirms or modifies the denial, such officer shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial review. In addition, the records appeals officer shall notify the requestor of its right to file with the board a statement of reasons for disagreement with its determination, and that the board will attach requestor's statement to the disputed record. Upon an individual's request, such statement will be provided to parties to whom such data has been disclosed in accordance with section 94.3(c) of the Public Officers Law together, if appropriate, with a concise statement of the board's reasons for not making the requested amendment.
(f)The privacy compliance appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.