New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6151
Executive Department
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12 sections
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9 NYCRR 6151.1 - Earlier source heading: Purpose and scope
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Current section text is not available here.
9 NYCRR 6151.2 - 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
- Mar 31, 2022
(a)The privacy compliance officer shall be designated by the commissioner of the Division of Criminal Justice Services.
(b)Communications shall be addressed to: Privacy Compliance Officer, Four Tower Place, Albany, NY 12203.
(c)The privacy compliance officer is responsible for:
(1)assisting 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 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.
Note:
Records maintained pursuant to sections 837, 837-a, 837-b, 837-c, 838, 839, 845 and 845-a of the Executive Law are public safety agency records, as defined in article 6-A of the Public Officers Law, and are not subject to the provisions of this Part. Any individual may review his or her criminal history record maintained by the agency pursuant to the provisions of Part 6050 of this Title;
(4)making a copy available, upon request, upon payment of or offer to pay established fees, if any;
(5)certifying, upon request, that a copy of a record is a true copy; or
(6)certifying, upon request, that:
(i)the agency does not have possession of the record sought;
(ii)the agency 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 agency.
9 NYCRR 6151.3 - 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
- Mar 31, 2022
(a)When a request is made in person, or when records are made available in person following a request made by mail, the agency may require appropriate identification, such as a driver license, an identifier assigned to the data subject by the agency, 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 agency 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 6151.4 - 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
- Mar 31, 2022
Records shall be made available at Four Tower Place, Albany, NY 12203.
9 NYCRR 6151.5 - 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
- Mar 31, 2022
The agency shall accept requests for records and produce records during regular business hours, which are 8:30 a.m. to 5 p.m.
9 NYCRR 6151.6 - Request 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
- Mar 31, 2022
(a)All requests shall be made in writing, except that the agency 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 that assists the agency 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 the receipt of a request, the agency 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 days from the date of the acknowledgment.
9 NYCRR 6151.7 - 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
- Mar 31, 2022
Within 30 business days of a request for 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 agency 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 6151.8 - 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
- Mar 31, 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 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: Deputy Commissioner and Counsel, Office of Legal Services, Division of Criminal Justice Services, Four Tower Place, Albany, NY 12203.
9 NYCRR 6151.9 - 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
- Mar 31, 2022
(a)Any person denied access to a record or denied a request to amend or correct a record or personal information pursuant to section 6151.8 of this Part may, within 30 business days of such denial, appeal to: Deputy Commissioner and Counsel, Office of Legal Services, Division of Criminal Justice Services, 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 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 (1) of subdivision (1) of section 96 of the Public Officers Law.
(e)The agency 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 6151.10 - 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
- Mar 31, 2022
(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 agency a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination;
(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 agency 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 (1) 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 6151.11 - 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
- Mar 31, 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 photocopy 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 agency, such as operator salaries and overhead.
9 NYCRR 6151.12 - 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
- Mar 31, 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.