New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 369
Executive Department
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13 sections
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9 NYCRR 369.1 - Earlier source heading: Purpose and scope
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Sep 15, 2021
Current section text is not available here.
9 NYCRR 369.2 - Designation of 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
- Sep 15, 2021
(a)The executive deputy director is hereby designated privacy compliance officer and is responsible for ensuring that the division complies with the provisions of the Personal Privacy Protection Law and the regulations herein and for coordinating the division's response to requests for records or amendment of records.
(b)The address and telephone number of the privacy compliance officer is: Four Tower Place, Albany, NY 12203, (518) 485-2395.
(c)The privacy compliance officer has the responsibility to:
(1)ensure that personnel maintain an up-to-date subject matter list;
(2)assist a data subject in identifying and requesting personal information, if necessary;
(3)describe 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;
(4)take one of the following actions upon locating the record sought:
(i)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;
(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;
(5)make 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;
(6)upon request, certify that a copy of a record is a true copy; or
(7)if the division fails to locate records, certify, upon request, that:
(i)the division does not have possession of the record sought;
(ii)the division cannot locate the records 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 division.
9 NYCRR 369.3 - 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
- Sep 15, 2021
(a)When a request is made in person, or when records are made available in person following a request made by mail, the division may require appropriate identification, such as a driver's license, an identifier assigned to the data subject by the division, 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 division 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 identify 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 369.4 - 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
- Sep 15, 2021
Records shall be made available to public inspection and copying at the main office of the division, which is located at: Four Tower Place, Albany, NY 12203.
9 NYCRR 369.5 - Hours for public inspection and copying
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
- Sep 15, 2021
The division shall accept requests for records and produce records during regular business hours, which are 9:00 a.m. to 5:00 p.m.
9 NYCRR 369.6 - 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
- Sep 15, 2021
(a)All requests shall be made in writing, except that the division may make records available upon an oral request made in person after the applicant has demonstrated proof of identity.
(b)A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information including dates, names and file designating information that assists the division in locating the records 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 receipt of a request for a record reasonably described, the division shall:
(1)provide access to the record;
(2)deny access in writing explaining the reasons therefor; or
(3)acknowledge the receipt of the request in writing, stating the approximate date when the request shall be granted or denied, such date not to exceed 30 days from the date of acknowledgment.
9 NYCRR 369.7 - 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
- Sep 15, 2021
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 division 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 (1) 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 369.8 - Denial of request for a record or amendment or correction of a record or personal information
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
- Sep 15, 2021
(a)Denial of request for a record 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; that person shall be identified by name, business address and business telephone number.
(b)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 or 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.
9 NYCRR 369.9 - 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
- Sep 15, 2021
(a)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 369.8 of this Part may, within 30 days of such denial, appeal to: State Director, Division of Probation and Correctional Alternatives, Four Tower Place, Albany, NY 12203.
(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 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 division 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 369.10 - 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
- Sep 15, 2021
(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 division a statement of reasonable length setting forth subject's reasons for disagreement with the determination; and
(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 (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 division 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 agency may also include a concise statement of its reasons for not making the requested amendment or correction.
9 NYCRR 369.11 - 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
- Sep 15, 2021
(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 rate of up to 25 cents per photocopy up to 9 by 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 cost for copying a record, excluding fixed costs of the division, such as operator salaries and overhead.
9 NYCRR 369.12 - Accounting of disclosures
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
- Sep 15, 2021
Accounting shall be retained as part of the record disclosed for five years after disclosure of the record or the life of the record disclosed, whichever is longer.
9 NYCRR 369.13 - 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
- Sep 15, 2021
If any provision of this Part or the application thereof to any person or circumstances is adjudged invalid by a court or 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.