Sec. 339.8. Denial of request for a record or amendment or correction

(a) Denial of a request for records or for amendment or correction of a record or personal information shall:

(1) be in writing, explaining the reasons therefor;

(2) identify the person to whom an appeal may be directed; and

(3) explain the procedure for pursuing such appeal.

(b) A failure to grant or deny access to records within five business days of the receipt of a request or within 30 days of an acknowledgment of the receipt of a request, or a failure to respond to a request for amendment or correction of a record within 30 business days of receipt of such a request, shall be construed as a denial that may be appealed.

(c) Any such denial may be appealed in writing to the privacy compliance appeals officer who shall be the general counsel or one designated by him to act on his behalf. Appeals shall be directed to: General Counsel, Department of Social Services, 40 North Pearl Street, Albany, NY 12243.