Sec. 161.10. Statement of disagreement by data subject  


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  • (a) If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the determination rendered pursuant to the appeal shall inform the data subject of the right to:
    (1) file with the department a statement of reasonable length setting forth the data subject's reasons for disagreement with the determination; and
    (2) request that such a 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 (1) of subdivision 1 of section 96 of the Public Officers Law.
    (b) Upon receipt of a statement of disagreement by a data subject, the department shall:
    (1) clearly note any portions of the record that are disputed; and
    (2) attach the data subject's statement as part of the record.
    (c) When providing a data subject's statement of disagreement to a person or governmental unit in conjunction with a disclosure made pursuant to paragraph (d), (i) or (1) of subdivision 1 of section 96 of the Public Officers Law, the department may also include a concise statement of its reasons for not making the requested amendment or correction.