New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7202
Executive Department
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15 sections
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9 NYCRR 7202.1 - Earlier source heading: Policy
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 7202.2 - Definitions
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)Data subject shall mean any natural person about whom personal information has been collected by the commission.
(b)Personal information shall mean any information concerning a data subject which, because of name, number, symbol, mark or other identification, can be used to identify that data subject.
9 NYCRR 7202.3 - Applicability
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
Pursuant to section 94(8) of the Public Officers Law, this Part shall not apply to a record of the commission which pertains to investigation, law enforcement, confinement of persons in correctional facilities, or supervision of persons pursuant to criminal conviction or court order.
9 NYCRR 7202.4 - 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 following person has been designated as privacy compliance officer to the commission: Records Access Officer, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001.
(b)The privacy compliance officer shall ensure compliance with the Personal Privacy Protection Law in accordance with the provisions of this Part.
(c)The privacy compliance officer shall:
(1)assist a data subject in identifying and requesting personal information, if necessary;
(2)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; or
(ii)deny access to the records in whole or in part, and explain in writing the reasons therefor;
(3)Upon request for copies of records:
(i)make a copy available upon payment or offer of payment of fees required pursuant to section 7202.13 of this Part; or
(ii)permit the requestor to copy these records;
(4)upon request, certify that a record is a true copy; and
(5)upon failure to locate records, certify that:
(i)the commission is not the custodian for such records;
(ii)the commission cannot locate the record 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 commission.
9 NYCRR 7202.5 - 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)The privacy compliance officer may require appropriate identification, such as a driver's 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 if made by mail, the privacy compliance officer 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 7202.6 - 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 available for public inspection at State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001.
9 NYCRR 7202.7 - Hours for public access to 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
Requests for public access to records of the commission shall be accepted, and records produced, on any business day between the hours of 9 a.m. and 4 p.m.
9 NYCRR 7202.8 - Requests for public access to 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 privacy compliance officer may, in his discretion, accept oral requests after the applicant has demonstrated proof of identity.
(b)All requests shall reasonably describe the record or records sought. Whenever possible, the data subject shall supply identifying information that assists the commission in locating the records sought.
(c)Within five business days of the receipt of a request, the privacy compliance officer 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 request will be granted or denied, within 30 days from the date of the acknowledgment.
9 NYCRR 7202.9 - 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 of personal information that is reasonably described and that pertains to the data subject, the privacy compliance officer 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 section 96(1) 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 7202.10 - 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
Denial of a request for records or amendment of correction of a record or personal information shall:
(a)state the specific facts and reasons for the denial; and
(b)advise the requestor of the right to appeal such denial to the State Commission of Correction.
9 NYCRR 7202.11 - 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, may appeal to: Special Counsel, State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, NY 12210-8001.
(b)The time for deciding on 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 of 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 section 96(1) of the Public Officers Law.
(e)The commission shall immediately forward to the Committee on Open Government a copy of any appeal made pursuant to his Part upon receipt, and the determination thereof and the reasons therefor at the time of such determination.
9 NYCRR 7202.12 - 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 commission a statement of reasonable length setting forth the data subject's reasons for disagreement with 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 (l) of section 96(1) of the Public Officers Law.
(b)Upon receipt of a statement of disagreement by a data subject, the commission 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 section 96(1) of the Public Officers Law, the commission may also include a concise statement of its reasons for not making the requested amendment or correction.
9 NYCRR 7202.13 - 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)The fees for copies of records shall be 25 cents per page of record not in excess of 9 inches ×14 inches, or the actual cost of reproduction if the page is in excess of 9 inches × 14 inches or is not capable of being photocopied. The fee for copies of records may be waived in the discretion of the privacy compliance officer.
9 NYCRR 7202.14 - 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
- Mar 31, 2022
(a)The commission shall keep an accounting of all disclosures made pursuant to paragraphs (d), (i) and (l) of subdivision 1 of section 96 of the Public Officers Law.
(b)Such 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 7202.15 - 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.