N.Y. Comp. Codes R. & Regs. tit. 18 § 339.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 339.1 - Purpose and scope

(a) It is the responsibility and the intent of the State Department of Social Services (hereinafter "department") to fully comply with the provisions of article 6-A of the Public Officers Law, the Personal Privacy Protection Law.

(b) The department shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the department that is required to be accomplished by statute or executive order, or to implement a program specifically authorized by law.

(c) Record, as used herein, means any item, collection or grouping of personal information about a data subject which is maintained and is retrievable by use of the name or other identifier of the data subject. The term record shall not include personal information which is not used to make any determination about the data subject if it is:

(1) a telephone book or directory used exclusively for telephone and directory information;

(2) any card catalog, book or other resource in any library;

(3) any compilation of information containing only names and addresses which is used as a mailing list;

(4) personal information required by law to be maintained and required by law to be used only for statistical research or reporting purposes;

(5) information requested by the agency which is necessary for the agency to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(d) The word record as used herein, shall not include any item, collection or grouping of personal information consisting of Social Security Administration case materials used for the adjudication of social security disability claims under titles II and XVI of the Social Security Act which are temporarily in the custody of the department as agent of the Federal government.

(e) Personal information, as used herein, means any information concerning a data subject which, because of a name, number, symbol, mark or other identifier, can be used to identify that data subject.

(f) Personal information will be collected, whenever practicable, directly from the person to whom the information pertains (referred to herein as "data subject").

(g) The department seeks to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete.

(h) These regulations provide information regarding the procedures by which members of the public may assert rights granted by the Personal Privacy Protection Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 339.1