NY Pub Off L § 93 (2021)
2021 New York Laws PBO - Public Officers Article 6-A - Personal Privacy Protection Law 93 - Powers and Duties of the Committee.

§ 93. Powers  and  duties  of  the  committee. (1) The committee shall prepare a directory derived from the information  provided  pursuant  to section  three  of  chapter  six  hundred  seventy-seven  of the laws of nineteen hundred eighty and subdivision four of section  ninety-four  of this  article.  The  directory  shall include the name of each system of records subject  to  the  provisions  of  this  article,  the  name  and subdivision of the agency maintaining it, the title and business address of  the  person  responsible  therefor,  the  approximate number of data subjects and the categories of  information  collected,  and  sufficient information  for  the  identification  of  rules promulgated by agencies pursuant to this article. Individuals shall be permitted to purchase the directory for a reasonable price as set by the committee  in  accordance with law.  (2) The committee may, upon request of a data subject eligible to make a  request  under section ninety-five of this article, investigate, make findings  and  furnish  an  advisory  opinion  in  connection  with  the requirements  of  section  ninety-five  of  this  article.  Prior to the issuance of an advisory opinion, the committee may require an agency  to provide  additional  information  which the committee deems necessary to render an opinion.  However,  no  system  of  records  exempt  from  the provisons of section ninety-five of this article shall be subject to the provisions of this subdivision.  (3)  Within  thirty  business  days of the receipt of a privacy impact statement or supplemental statement by an  agency  the  committee  shall review such statement to determine whether the maintenance of the system is  within  the  lawful authority of the agency and to determine whether there have been established rules and procedures as required by  section ninety-four of this article. However, such review by the committee shall not  include examination of personal information or records collected or maintained  by  such  agency.  After  review  of  such  information  the committee  may  notify  the  agency  of  the  result of its review. Such notification and result shall not constitute  an  advisory  opinion  and shall  not  be  reported  as such by the committee and there shall be no obligation upon the agency to respond to such notification or result.  (4) The committee shall promulgate rules for the specification of  the form  of  the  privacy  impact  statement. Such privacy impact statement shall include the following:  (a) the name of the agency and the subdivision within the agency  that will maintain the system of records, and the name or title of the system of records in which such information will be maintained;  (b)  the  title and business address of the official within the agency responsible for the system of records;  (c) where applicable, the procedures by which a data subject may  gain access  to  personal  information pertaining to such data subject in the system of records and the procedures by which a data subject may seek to amend or correct its contents;  (d) the categories and the  approximate  number  of  persons  on  whom records will be maintained in the system of records;  (e)  the  categories  of  information  which  will  be  collected  and maintained in the system of records;  (f) the purposes for which each category  of  information  within  the system of records will be collected and maintained;  (g)  the  disclosures  of  personal  information  within the system of records that the  agency  will  regularly  make  for  each  category  of information, and the authority for such disclosures;  (h)  the  general  or specific statutory authority for the collection, maintenance and disclosure of each category of  information  within  the system of records;  (i)  policies  governing  retention and timely disposal of information within the system of records in accordance with law;  (j)  each and every source for each category of information within the system of records;  (k) a statement indicating whether  the  system  of  records  will  be maintained manually, by automated data system, or both.  (5)  The committee shall report its activities and findings, including recommendations for  changes  in  the  law,  to  the  governor  and  the legislature annually, on or before December fifteenth.  (6)  In  order  to  carry  out  the  provisions  of  this article, the committee is authorized to:  (a) enter  into  contracts  or  other  arrangements  or  modifications thereof,  with  any government, any governmental unit, or any department of the state, or with any individual, firm, association  or  corporation within  the  amounts  appropriated therefor and subject to the audit and warrant of the state comptroller;  (b) delegate any of its functions to such officers  and  employees  of the committee as the committee may designate;  (c)  establish  model guidelines with respect to the implementation of this article.