N.Y. Comp. Codes R. & Regs. tit. 8 § 187.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 187.5 - Personal privacy protection law procedures

The following procedures shall be applicable to requests by data subjects for the identification of, for access to, or for the amendment or correction of records made under the provisions of Public Officers Law, article 6-A. Except as otherwise provided in this section, such requests shall also be subject to the provisions of all other sections of this Part.

(a) A request for the identification of records shall include notice of any facts or relationship which the data subject believes may have led to the creation and maintenance of such records.

(b) The department may require satisfactory proof of the identity of the data subject by means of a driver's license or other documentary and/or photographic identification.

(c) Place of inspection or copying. Copies of records relating to a data subject shall be made available by mail, or at the appropriate office of the department most convenient to the data subject, upon payment of the fees required by section 187.6 of this Part. An appropriate office shall be the office in which the record is maintained, the general offices of the department at the State Education Building or Cultural Education Building in Albany, or the Office of Professional Conduct in New York City, or any office of the department more convenient to the data subject and with an area of responsibility relevant to the purpose for which the record is maintained. Inspection of original department records by a data subject shall be at the office at which the records are regularly maintained.

(d) Denial of request. Denial of a request by a data subject for access to or for the amendment or correction of records relating to a data subject will be in writing and will state the reason for the denial, or that the information sought cannot be retrieved by use of the description provided by the data subject or by the name or other identifier of the data subject without extraordinary search methods. The notice of denial shall include notice of the right to appeal, as provided in section 187.6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 187.5