Title 4 Part 81 NYCRR — browse free

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Compiled text through Jan 31, 2026Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 11 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 81.1 - Purpose and scope

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)It is the responsibility and the intent of the State Department of Civil Service to comply fully with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.

(b)The department shall maintain personal information in its records only if it is relevant and necessary to accomplish a purpose of the department that is required by statute or executive order, or to implement a program specifically authorized by law.

(c)Personal information will be collected, whenever practicable, directly from the person to whom it pertains.

(d)The department will seek to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.

(e)These regulations provide information about the procedures by which the rights of access to information granted by the Personal Privacy Protection Law may be asserted.

4 NYCRR 81.2 - Definitions

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Dates and status

Compiling agency: Department of Civil Service
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

For the purposes of this Part:

(a)The term

department or Department of Civil Service means the New York State Department of Civil Service.

(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

governmental unit means any governmental entity performing a governmental or proprietary function for the Federal government or for any state or any municipality thereof.

(g)The term

law means any State or Federal statute, rule or regulation.

(h)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 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 to answer unsolicited requests by the data subject for information; or

(6)correspondence files.

(i)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 operate a program specifically authorized by law.

(j)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.

4 NYCRR 81.3 - Personal privacy compliance officer

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The Director of Public Relations 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 these regulations, and for coordinating responses to requests for records or amendment of records.

(b)The address and telephone number of the Privacy Compliance Officer are: New York State Department of Civil Service, Building 1, W. Averell Harriman State Office Building Campus, Albany, NY 12239; telephone (518) 457-6221.

(c)The Deputy Director of Public Relations is hereby designated Deputy Privacy Compliance Officer. The address and telephone number of the deputy are the same as for the privacy compliance officer set forth in subdivision (b) of this section.

4 NYCRR 81.4 - Procedures

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Persons who wish to determine whether the department or commission maintains records containing information identifiable to them may contact the privacy compliance officer, who will assist in identifying such records and, if appropriate, will describe the contents of the department's system of records orally or in writing.

(b)Requests for access to records may be made to the privacy compliance officer in writing or orally, and must reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the department in locating the record sought. Requests will be accepted by mail, or in person, at the W. Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239, on any workday between the hours of 8:30 a.m. and 4:45 p.m.

(c)Within five business days of the receipt of a request, the department shall either provide access to the record or deny access in writing, explaining the reasons therefor, or acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which shall be within 30 days from the date of the acknowledgment.

(d)When the record is located, the department shall:

(1)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;

(2)if requested, make a copy available, upon payment of or offer to pay the fees authorized by section 81.10 of this Part, or permit the data subject to copy the record by hand; or

(3)deny access to the record, in whole or in part, and explain in writing the reasons therefor.

(e)Records or copies shall be made available at the Department of Civil Service on the State Campus in Albany, or where they are kept, and shall not be removed from that location without the express written consent of the head of the Department of Civil Service.

(f)Proof of identity, by presentation of a driver's license or other documentation or verification of signature or identifying facts, or other means, at the option of the department, may be required of a person making a request.

(g)Upon request, the privacy compliance officer shall certify that:

(1)a copy of a record is a true copy; or

(2)the department does not have possession of the record sought; or

(3)the department cannot locate the record sought after having made a diligent search; or

(4)the information sought cannot be retrieved by use of the description provided, or by use of the name or other identifier of the data subject, without extraordinary search methods being employed.

4 NYCRR 81.5 - Records exempt from access by data subjects

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The following records are exempt from access by data subjects:

(a)records specifically prohibited by statute from disclosure;

(b)except as provided in Part 82 of this Title, records concerning mental disability or medical records where access is not otherwise required by law;

(c)personal information pertaining to the incarceration of an inmate at a State correctional facility, which is evaluative in nature or whose release could endanger the life or safety of any person, unless access is otherwise permitted by law or by court order;

(d)attorney's work product or material prepared for litigation;

(e)public safety records;

(f)records containing information compiled for law enforcement purposes which, if disclosed, would:

(1)interfere with law enforcement investigations or judicial proceedings;

(2)deprive a person of a right to a fair trial or impartial adjudication;

(3)identify a confidential source or disclose confidential information relating to a criminal investigation; or

(4)reveal criminal investigative techniques or procedures, except routine techniques and procedures;

(g)records whose disclosure would constitute an unwarranted invasion of personal privacy, as defined in paragraph (a) of subdivision 2 of section 89 of the Public Officers Law;

(h)an accounting of a disclosure for law enforcement purposes, if specifically notified not to make such disclosure by the receiving agency; and

(i)records which cannot be retrieved using the data subject's description or name or other identifier of the data subject, without extraordinary search methods.

4 NYCRR 81.6 - Amendment on correction of records

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Within 30 business days of a written request from a data subject, for correction or amendment of a record or personal information that is reasonably described and that pertains to the data subject, the department shall:

(a)make the amendment or correction, in whole or in part, and inform the data subject that, on his or her request, such correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law; or

(b)inform the data subject, in writing, of its refusal to correct or amend the record, including the reasons therefor.

4 NYCRR 81.7 - Department's failure to respond

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

A failure to grant or deny access to records within five business days of the receipt of a request, or within 30 days of an acknowledgment of the receipt, or failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

4 NYCRR 81.8 - Appeals

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to this Part may, within 30 business days of such denial, appeal in writing to the Deputy Commissioner and General Counsel of the Department of Civil Service at the W. Averell Harriman State Office Building Campus, Building 1, Albany, NY 12239.

(b)In order to be acted upon, the appeal must identify:

(1)the record that it concerns;

(2)the date and location of a request for a record or amendment or correction of a record or personal information; and

(3)the appellant, and list his or her address.

(c)Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the deputy commissioner and general counsel shall:

(1)provide access to or correct or amend the record or personal information; or

(2)fully explain, in writing, the factual and statutory reasons for further denial, and inform the data subject of the right to seek judicial review of such determination pursuant to article 78 of the Civil Practice Law and Rules.

(d)If, on appeal, a record or personal information is corrected or amended, the data subject shall be informed that, on his or her request, the correction or amendment will be provided to any person or governmental unit to which the record or personal information has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(e)The department shall immediately forward to the Committee on Open Government a copy of any such appeal, upon receipt, and its determination, when made, and the reasons therefor.

4 NYCRR 81.9 - Statement of disagreement by data subject

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination shall notify the data subject of the right to:

(1)file a statement of reasonable length, setting forth the data subject's reasons for disagreement with the determination; and

(2)request that the statement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law.

(b)Upon receipt of a statement of disagreement by a data subject, the department shall:

(1)clearly note any portions of the record that are disputed; and

(2)attach the data subject's statement as part of the record.

(c)When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (l) of subdivision 1 of section 96 of the Public Officers Law, the department may also include a concise statement of its reasons for not making the requested amendment or correction.

4 NYCRR 81.10 - Fees

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Any fees authorized in this section shall be payable in advance.

(a)The fee for photocopies not exceeding 9 by 14 inches shall be 25 cents per page.

(b)The fee for photocopies of records in excess of 9 by 14 inches per page shall be the actual copying cost, which is the average unit cost for copying a record excluding fixed costs of the agency such as operator salaries.

(c)In the event that the record is of such a nature that it cannot be photocopied, a transcript of such record shall be made upon request of the applicant. Such transcripts may either be typed or handwritten, at the discretion of the department. In such cases, the requester may be charged for the clerical time involved in making the transcript.

(d)The department, in its discretion, may provide copies of records without charging a fee.

(e)No fee will be charged for:

(1)inspection of records;

(2)searching for records; or

(3)a certification pursuant to this Part.

4 NYCRR 81.11 - Severability

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances.

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