Section 339.9 - Appeal of denial.

339.9 Appeal of denial. (a) Any person denied access to a record or denied a request to amend or correct a record or personal information, may within 30 business days of such denial appeal such denial in writing to the privacy compliance appeals officer designated in section 339.8 of this Part.

(b) 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 information;

(2) the record that is the subject of the appeal; and

(3) the name and return address of the appellant.

(c) Within seven business days of an appeal of a denial of access, or within 30 business days of an appeal concerning a denial of a request for correction or amendment, the person determining such appeal shall:

(1) provide access to or correct or amend the record or personal information or cause such to be done; or

(2) fully explain in writing the factual and/or 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 by authority of section 97 of the Public Officers Law.

(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 (1) of subdivision 1 of section 96 of the Public Officers Law.

(e) The department 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.

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