New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6402
Executive Department
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12 sections
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9 NYCRR 6402.1 - 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
- Mar 31, 2022
(a)It is the responsibility and the intent of the New York State Council on the Arts to fully comply with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.
(b)The council shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the council that is required to be accomplished 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 the information pertains.
(d)The council seeks to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.
(e)These regulations provide information regarding the procedures by which members of the public may assert rights granted by the Personal Privacy Protection Law.
9 NYCRR 6402.2 - 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
- Mar 31, 2022
(a)The administrative officer of the council is hereby designated privacy compliance officer, and is responsible for ensuring that the agency complies with the provisions of the Personal Privacy Protection Law and the regulations in this Part, and for coordinating the agency's response to requests for records or amendment of records.
(b)The address and telephone number of the privacy compliance officer is: 80 Centre Street, New York, NY 10013, (212) 587-4579.
(c)Deputy privacy compliance officers, their names and/or titles, addresses and telephone numbers are hereby designated as follows: Personnel Clerk, New York State Council on the Arts, 80 Centre Street, New York, NY 10013, (212) 587-4579.
(d)The privacy compliance officer and/or his deputies are 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;
(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)upon request, certifying that a copy of a record is a true copy; and
(6)certifying, upon request, that:
(i)the council does not have possession of the record sought;
(ii)the council 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 council.
9 NYCRR 6402.3 - 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 council may require appropriate identification, such as a driver's license, an identifier assigned to the data subject by the council, 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 council 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 6402.4 - 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
(a)Records shall be made available at the main office of the council, which is located at 80 Centre Street, New York, NY 10013.
9 NYCRR 6402.5 - 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 council shall accept requests for records and produce records during all regular business hours.
9 NYCRR 6402.6 - 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
- Mar 31, 2022
(a)Requests may be made in writing. Personal requests are possible upon the applicant's demonstration of proof of his or her identity.
(b)A request shall reasonably describe the record sought. Whenever possible, the data subject should supply identifying information that assists the council 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 council 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 6402.7 - 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 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 council 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 identification 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 6402.8 - 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 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.
(c)Any such denial may be appealed to: Executive Director, New York State Council on the Arts, 80 Centre Street, New York, NY 10013.
9 NYCRR 6402.9 - Appeals
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 6402.8 of this Part may, within 30 days of such denial, appeal to: Executive Director, New York State Council on the Arts, 80 Centre Street, New York, NY 10013.
(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 or 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 council shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part upon receipt. Upon making a determination with respect to such appeal, the council will forward a copy of such determination to the Committee on Open Government.
9 NYCRR 6402.10 - 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 council a statement, of reasonable length, setting forth the data 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 council 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 council may also include a concise statement of its reasons for not making the requested amendment or correction.
9 NYCRR 6402.11 - 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 rate equal to the council's cost per photocopy up to 9 × 14 inches, multiplied by the total number of pages required to be photocopied; or
(2)upon payment of the actual cost of reproduction, if the record or personal information cannot be photocopied at the council's office.
(c)The actual cost of reproduction shall be based upon the average unit cost for copying a record, excluding fixed costs of the council such as operator salaries and overhead.
9 NYCRR 6402.12 - 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.