N.Y. Comp. Codes R. & Regs. tit. 9 § 462.4

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

Section 462.4 - Statement of disagreement by data subject

(a) If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the written decision rendered pursuant to the appeal shall inform the data subject of the right to:

(1) file with this agency a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and

(2) request that such 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, and for which the agency has a record of such disclosure or the data subject supplies the name.

(b) Upon receipt of a statement of disagreement by a data subject, the records access officer shall:

(1) clearly note any portions of the record that are disrupted; and

(2) attach the data subject's statement as part of the record. When providing the data subject's statement to entities pursuant to paragraph (a)(2) of this section, the agency may include in the record a statement of its reasons for not making the requested amendment.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 462.4