NY Pub Off L § 94 (2021)
2021 New York Laws PBO - Public Officers Article 6-A - Personal Privacy Protection Law 94 - Agency Obligations.

§ 94. Agency  obligations.  (1) Each agency that maintains a system of records shall:  (a) except when a data subject provides  an  agency  with  unsolicited personal  information,  maintain  in  its  records  only  such  personal information which is relevant and necessary to accomplish a  purpose  of the agency required to be accomplished by statute or executive order, or to implement a program specifically authorized by law;  (b)   consistent   with   the  standards  of  paragraph  (a)  of  this subdivision, maintain all  records  used  by  the  agency  to  make  any determination   about   any   data  subject  with  accuracy,  relevance, timeliness and completeness provided however, that personal  information or  records  received  by  an  agency from another governmental unit for inclusion in public safety  agency  records  shall  be  presumed  to  be accurate;  (c)  collect  personal  information  directly  from  the  data subject whenever practicable, except when collected for the  purpose  of  making quasi-judicial determinations;  (d)  provide  each data subject whom it requests to supply information to be maintained in a record, at the time of the initial  request,  with notification  as provided in this paragraph. Where such notification has been provided, subsequent requests for information from the data subject to be  maintained  in  the  same  record  need  not  be  accompanied  by notification  unless  the  initial notification is not applicable to the subsequent request. Notification shall include:  (i) the name of the agency and any subdivision within the agency  that is  requesting  the  personal  information  and the name or title of the system of records in which such information will be maintained;  (ii) the title, business address and telephone number  of  the  agency official who is responsible for the system of records;  (iii)  the  authority  granted by law, which authorizes the collection and maintenance of the information;  (iv) the effects on such data subject, if any, of not providing all or any part of the requested information;  (v) the principal purpose or purposes for which the information is  to be collected; and  (vi)  the  uses  which  may  be  made  of  the information pursuant to paragraphs (b), (e) and (f) of subdivision one of section ninety-six  of this article;  (e)  ensure  that  no  record  pertaining  to  a data subject shall be modified or destroyed to avoid the provisions of this article;  (f) cause the requirements of  this  article  to  be  applied  to  any contract  it  executes  for the operation of a system of records, or for research, evaluation or reporting, by the agency or on its behalf;  (g) establish written policies in accordance with  law  governing  the responsibilities  of  persons  pertaining  to  their  involvement in the design, development, operation or maintenance of any system of  records, and  instruct  each  such  person  with respect to such policies and the requirements of this article, including any other rules and  regulations and  procedures  adopted pursuant to this article, and the penalties for noncompliance;  (h)  establish  appropriate  administrative,  technical  and  physical safeguards to ensure the security of records;  (i) establish rules governing retention and timely disposal of records in accordance with law;  (j) designate an agency employee who shall be responsible for ensuring that the agency complies with all of the provisions of this article;  (k)  whenever  a  data  subject is entitled under this article to gain access to a  record,  disclose  such  record  at  a  location  near  the residence of the data subject whenever reasonable, or by mail;  (l)  upon  denial of a request under subdivision one or two of section ninety-five of this article, inform the data subject of  its  procedures for  review  of initial determinations and the name and business address of the reviewing officials.  (2) In order to carry out the provisions of this article  each  agency that  maintains  a  system of records shall promulgate rules which shall set forth the following:  (a) procedures by which a data  subject  can  learn  if  a  system  of records contains any records pertaining to him or her;  (b) reasonable times, places and means for verifying the identity of a data subject who requests access to his or her record;  (c)  procedures for providing access, upon the data subject's request, to the data subject's record;  (d) procedures for reviewing a request from a data subject for  access to,  and  for correction or amendment of his or her record, for making a determination on such request, and for an appeal within the agency of an initial adverse agency determination.  (3) Each agency, for disclosures made pursuant to paragraphs (d),  (i) and (l) of subdivision one of section ninety-six of this article, except for  disclosures made for inclusion in public safety agency records when such record is  requested  for  the  purpose  of  obtaining  information required  for  the  investigation  of  a  violation of civil or criminal statutes within the disclosing agency, shall:  (a) keep an accurate accounting of the date,  nature  and  purpose  of each  disclosure  of  a record or personal information, and the name and address of the person or governmental unit to  whom  the  disclosure  is made;  (b) retain the accounting made under paragraph (a) of this subdivision as  part of said record for at least five years after the disclosure for which the accounting is made, or for the life of the  record  disclosed, whichever is longer;  (c)  at  the  request  of the data subject, inform any person or other governmental unit to which a disclosure has  been  or  is  made  of  any correction,  amendment,  or  notation  of  dispute  made  by the agency, provided that an accounting of the prior disclosure was made or that the data subject to whom the record  pertains  provides  the  name  of  such person or governmental unit;  (d) with respect to a disclosure made for inclusion in a public safety agency  record  or  to  a  governmental  unit or component thereof whose primary function is the  enforcement  of  civil  or  criminal  statutes, notify  the  receiving  governmental  unit  that  an  accounting of such disclosure is being made pursuant to  this  subdivision  and  that  such accounting  will  be  accessible  to  the  data  subject upon his or her request unless otherwise specified by the  receiving  governmental  unit pursuant to paragraph (e) of this subdivision;  (e) with respect to a disclosure made for inclusion in a public safety agency  record  or  to  a  governmental  unit or component thereof whose primary function is the enforcement of civil or criminal statutes, if in its request for the record the receiving governmental unit  states  that it  has  determined that access by the data subject to the accounting of such disclosure would impede criminal investigations and  specifies  the approximate   date  on  which  such  determination  will  no  longer  be applicable, refuse  the  data  subject  access  to  such  accounting  or information  that  such  accounting  has  been  made,  except upon court ordered subpoena, during the applicable time period. Upon the expiration  of said time period the disclosing agency shall inquire of the receiving governmental  unit  as  to  the  continued  relevancy  of  the   initial determination   and,  unless  requested  in  writing  by  the  receiving governmental  unit to extend the determination for a specified period of time, shall make available to the data subject  an  accounting  of  said disclosure; and  (f)  in  making  a  disclosure  pursuant to subdivision one of section ninety-six of  this  article,  an  agency  shall  make  such  disclosure pursuant to paragraph (d), (i) or (l) of said subdivision only when such disclosure  cannot  be  made  pursuant  to  any  other paragraph of said subdivision.  (4) (a) Any agency  which  established  or  substantially  modified  a system of records after December fifteenth, nineteen hundred eighty, but before  the  effective  date of this article, or which did not report to the committee a system of records which it maintained prior to  December fifteenth, nineteen hundred eighty, shall file notice with the committee pursuant  to  chapter  six hundred seventy-seven of the laws of nineteen hundred eighty within thirty business days of the effective date of this article.  (b) Any agency which seeks to establish a system of records subsequent to the effective date of this article shall file with  the  committee  a privacy  impact  statement  as prescribed by subdivision four of section ninety-three of this article. Any agency which seeks to modify a  system of  records  in  a way which would render inaccurate any information set forth in the privacy  impact  statement,  in  the  notice  described  in paragraph  (a)  of  this  subdivision or in the notice filed pursuant to chapter six hundred  seventy-seven  of  the  laws  of  nineteen  hundred eighty,  shall  file  with  the  committee  a  supplemental statement to conform  the  privacy  impact  statement  or  notice  to  the   proposed modification.   Unless  the  date  by  which  such  proposed  system  or modification is required by law to be instituted  is  less  than  thirty business  days  from  the  date  of  the  filing  of  the privacy impact statement, no such proposed system or modification shall  be  instituted until the completion of the procedures set forth in subdivision three of section ninety-three of this article.  (5)  Each agency shall, within fifteen business days of the receipt of an advisory opinion issued by the committee, respond in writing  to  the committee as to the following:  (a)  the  actions  it  has  taken,  or  will  take, to comply with the advisory opinion; or  (b) the reasons for disagreement and noncompliance with  the  advisory opinion.  (6)  On or before the first day of September of each year, each agency shall submit a report covering the preceding year to the committee.  The report shall include, with respect to requests for access to records and with respect to requests for correction or amendment of records pursuant to  subdivisions  one  and  two  of section ninety-five of this article, respectively, the following information:  (i) the number of determinations made to grant such requests; and  (ii) the number of determinations made to deny such requests, in whole or in part, respectively.  (7) The provisions of paragraphs (c) and (d)  of  subdivision  one  of this section shall not apply to the following:  (a)  personal  information that is collected for inclusion in a public safety agency record;  (b)  personal  information  that  is  maintained  by  a  licensing  or franchise-approving  agency  or  component  thereof  for  the purpose of determining whether administrative or criminal action should be taken to  restrain or prosecute purported violations of law, or  to  grant,  deny, suspend,  or revoke a professional, vocational, or occupational license, certification or registration, or to deny or approve a franchise;  (c)  personal  information  solicited  from  a  data subject receiving services at a treatment facility, provided that each such  data  subject shall,  as  soon  as  practicable,  be provided a notification including information specified in subparagraphs (i), (ii), (iii), (iv),  (v)  and (vi)  of  paragraph  (d)  of  subdivision one of this section describing systems of  records  concerning  the  data  subject  maintained  by  the treatment facility.  (8)  The provisions of subdivisions two, three and six of this section shall not apply to public safety agency records.  (9) Nothing in this article shall abrogate in any way  any  obligation regarding  the  maintenance of records otherwise imposed on an agency at law or in equity.  (10) Each agency record which is transferred to the state archives  as a  record  which has sufficient historical or other value to warrant its continued preservation by the state shall,  for  the  purposes  of  this article,  be considered to be maintained by the state archives and shall be exempt from the requirements of this  article,  except  as  otherwise provided  in  this section and except that such record shall continue to be  subject  to  inspection  and  correction  by  the  data  subject  by application to the agency which compiled it, as provided in subdivisions one through four of section ninety-five of this chapter.