Sec. 2371.8. Appeals

(a) The records appeals officer, as designated by the Commissioner of Taxation and Finance pursuant to section 2370.8 of this Title, is hereby designated the privacy appeals officer to decide appeals from denials of access to records and/or refusals of requests for amendment or correction of records pursuant to this Part. The privacy appeals officer may designate one or more members of the department, as he deems necessary, to serve as assistant privacy appeals officer, and such assistant or assistants shall have only those functions and responsibilities expressly designated by the privacy appeals officer.

(b) A person who has been denied access to a record shall have the right to appeal the denial to the privacy appeals officer. The procedure, with respect to appeals of denials of access to records, shall be governed by the provisions of section 2370.8 of this Title, except where not in accordance with this Part. In the case where the records access officer fails to produce a record or deny a request for access to a record within 30 days after giving acknowledgment of receipt of a request for access, such request shall be deemed denied and a written statement of appeal must be received by the privacy appeals officer within 30 business days from the 30th day after such acknowledgment is made.

(c) A person who has been refused amendment or correction of a record shall have the right to appeal the refusal to the privacy appeals officer within the following limitations of time:

(1) If the records access officer responds to the request with a written statement of refusal of amendment or correction within the requisite five business days, a written statement of appeal must be received by the privacy appeals officer 30 business days from the date of refusal.

(2) In the event that a request for amendment or correction of a record is neither granted nor refused within 30 days after receipt of such a request, the request shall be deemed refused, and a written statement of appeal must be received by the privacy appeals officer 30 business days from the date of such refusal.

(d) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal of a refusal of a request for amendment or correction, the privacy appeals officer shall respond to such appeal in the manner provided for by section 2370.8 of this Title.

(e) If, on appeal, a record is amended or corrected, the data subject shall be informed that, on request, the amendment or correction will be provided to any person or governmental unit to which the record has been or is disclosed pursuant to section 94.3(c) of the Public Officers Law.

(f) The privacy appeals officer shall, upon receipt, immediately forward to the Committee on Open Government a copy of any appeal made pursuant to this Part. Such officer shall also forward the determination thereof and the reasons therefor at the time such determination is made.