N.Y. Comp. Codes R. & Regs. tit. 21 § 5019.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 5019.3 - Access to records

Any application to inspect, copy, correct or amend information from records pursuant to this Part shall be made in person or in writing to the system's Records Access Officer, 10 Corporate Woods Drive, Albany, NY 12211-2395. Upon such application, the records access officer shall:

(a) Be available to individuals and members of the public to receive and process requests for access to records during the hours prescribed by this Part.

(b) Impose the statutory fee for copies of records as established in this Part.

(c) Upon request, certify a copy as being true and correct.

(d) Upon request, and upon failure to locate records, certify that:

(1) the system does not have possession of such records; or

(2) such records cannot be found after a diligent search.

(e) Upon locating the records requested, take one of the following actions:

(1) make records available for inspection;

(2) make the requested correction or amendment;

(3) deny access to the records in whole or in part and explain in writing the reasons therefor; or

(4) deny the request for correction or amendment of the records in whole or in part and explain in writing the reasons therefor.

(f) Upon requests made pursuant to the Personal Privacy Protection Law, the records access officer shall also:

(1) inform an individual if records are kept by the system pertaining to him or her; and

(2) require production of appropriate identification, such as a driver's license or membership number, before providing access to records.

(g) Anything in the foregoing to the contrary notwithstanding, applications and requests pursuant to this Part may be made by e-mail addressed to foil @nystrs.state.ny.us.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5019.3