denied access to a record or denied a request to amend or correct a record or
personal information pursuant to section
of this Part may, within 30 days of such denial, appeal to the deputy
superintendent and general counsel.
The time for deciding an 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
(2) the record that is
the subject of the appeal; and
the name and return address of the appellant.
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 or 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 subdivision 1 of section
96 of the Public Officers Law.
(e) The agency shall immediately forward to
the Committee on Open Government a copy of any appeal made pursuant to this
Part upon receipt, the determination thereof and the reasons therefor at the
time of such determination.