New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 10030
Executive Department
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12 sections
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9 NYCRR 10030.1 - Purpose and scope
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
[Statutory authority: Public Officers Law, § 94(2)]
(a)It is the responsibility and the intent of the Office of Homeland Security, hereinafter called the office, to comply with the provisions of article 6-A of the Public Officers Law, commonly known as the Personal Privacy Protection Law.
(b)The office shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the office that is required to be accomplished by statute or executive order, or to implement a program specifically authorized by law.
(c)Personal information subject to article 6-A of the Public Officers Law will be collected, whenever practicable, directly from the person (data subject) to whom the information pertains.
(d)The office seeks to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.
(e)This Part provides information regarding the procedures by which members of the public may assert rights granted by the Personal Privacy Protection Law.
9 NYCRR 10030.2 - Privacy compliance officer
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)The privacy compliance officer shall be a counsel level position within the office.
(b)Communications shall be addressed to: Privacy Compliance Officer, NYS Office of Homeland Security, 1220 Washington Avenue, Building 7A, 7th Floor, Albany, NY 12226-2252.
(c)The privacy compliance officer is responsible for:
(1)assisting a natural person, hereinafter referred to as a data subject, in identifying and requesting personal information, if necessary;
(2)describing the contents of systems of records orally or in writing in order to enable a data subject to learn if a system of records includes a record or personal information identifiable to a data subject requesting such record or personal information;
(3)taking one of the following actions upon locating the record sought:
(i)make the record available to inspection, in a printed form without codes or symbols, unless an accompanying document explaining such codes or symbols is also provided;
(ii)permit the data subject to copy the record; or
(iii)deny access to the record in whole or in part and explain in writing the reasons therefor;
(4)making a copy available, upon request, upon payment of or offer to pay established fees, if any, or permitting the data subject to copy the records;
(5)certifying, upon request, that a copy of a record is a true copy; or
(6)certifying, upon request, that:
(i)the office does not have possession of the record sought;
(ii)the office cannot locate the record sought after having made a diligent search; or
(iii)the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject without extraordinary search methods being employed by the office.
9 NYCRR 10030.3 - Proof of identity
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
[Statutory authority: Public Officers Law, § 94(2)]
(a)When records are made available in person following a request made by mail, the office may require appropriate identification, such as a driver's license, an identifier assigned to the data subject by the office, a photograph or similar information that confirms that the record sought pertains to the data subject.
(b)When a request is made by mail, the office may require verification of a signature or inclusion of an identifier generally known only by a data subject, or similar appropriate identification.
(c)Proof of identity shall not be required regarding a request for a record accessible to the public pursuant to article 6 of the Public Officers Law.
9 NYCRR 10030.4 - Location
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
Records shall be made available at the location of the Office of Homeland Security which is closest to the requesting party, unless it is unreasonably impracticable to do so. In such case of impracticability, such records shall be made available at the Office of Homeland Security located at 1220 Washington Avenue, State Office Campus, Building 7A, 7th Floor, Albany, NY 12226.
9 NYCRR 10030.5 - Hours for public inspection
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The office shall accept requests for records and produce records during the following hours: 10 a.m. to 4 p.m., except on Saturdays, Sundays and holidays.
9 NYCRR 10030.6 - Requests for records
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)All requests shall be made in writing.
(b)A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the office in locating the record sought.
(c)Requests based upon categories of information described in a notice of a system of records or a privacy impact statement shall be deemed to reasonably describe the record sought.
(d)Within five business days of the receipt of a request, the office shall provide access to the record, 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 date shall not exceed 30 business days from the date of the acknowledgment.
9 NYCRR 10030.7 - Amendment of records
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
[Statutory authority: Public Officers Law, § 96]
Within 30 business days of a 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 office shall:
(a)make the amendment or correction in whole or in part and inform the data subject that, on 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.
9 NYCRR 10030.8 - Denial of a request for a record
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)Denial of a request for records or amendment or correction of a record or personal information:
(1)shall be in writing, explaining the reasons therefor; and
(2)identifying the person to whom an appeal may be directed.
(b)A failure to grant or deny access to records within five business days of the receipt of a request or within 30 business days of an acknowledgment of the receipt of a request, or a 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.
(c)Any such denial may be appealed to: Chief Counsel, NYS Office of Homeland Security -- Administrative Appeal, 1220 Washington Avenue, Building 7A, 7th Floor, Albany, NY 12226.
9 NYCRR 10030.9 - Appeal
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
[Statutory authority: Civil Practice Law & Rules, § A78; Public Officers Law, § 96]
(a)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 10030.8 of this Part may, within 30 days of such denial, appeal to the Chief Counsel, NYS Office of Homeland Security.
(b)The time for deciding an appeal shall commence upon receipt of an appeal that identifies:
(1)the date and location of a request for a record or amendment or correction of a record or personal information;
(2)the record that is the subject of the appeal; and
(3)the name and return address of the appellant.
(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 person determining such appeals 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 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 office shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part upon receipt, the determination thereof and, the reasons therefor at the time of such determination.
9 NYCRR 10030.10 - Statement of disagreement by data subject
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
[Statutory authority: Public Officers Law, § 96]
(a)If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:
(1)file with the office a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; or
(2)request that such a statement of disagreement be provided to any person or governmental unit to which the record has been or is disclosed pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law.
(b)Upon receipt of a statement of disagreement by a data subject, the office 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 office may also include a concise statement of its reasons for not making the requested amendment or correction.
9 NYCRR 10030.11 - Fees
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)Unless otherwise prescribed by statute, there shall be no fee charged for:
(1)inspection of records;
(2)search for records; or
(3)any certification pursuant to this Part.
(b)Unless otherwise prescribed by statute, copies of records shall be provided:
(1)at a cost of 25 cents per individual photocopy page up to 9 × 14 inches; or
(2)upon payment of the actual cost of reproduction, if the record or personal information cannot be photocopied.
(c)The actual cost of reproduction shall be based upon the average unit of cost for copying a record, excluding fixed costs of the office, such as operator salaries and overhead.
Nothing contained in this section shall be construed as preventing the waiver of any fee in the discretion of the Privacy Compliance Officer.
9 NYCRR 10030.12 - Severability
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
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.