New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIII - United Nations Development Corporation › Part 2053 - Personal Privacy Protection Regulations › Section 2053.14 - Accounting for certain disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The corporation, for disclosures made pursuant to section
				2053.4(a)(4), (9) and
				(12) of this Part, except for disclosures
				made for inclusion in public safety agency records when the 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:
(1) 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;
(2) retain the accounting
				made under paragraph (1) 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;
(3) 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
				corporation, 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;
(4)
				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 (5) of this subdivision;
(5) 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
				corporation 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
(6) in making a disclosure pursuant to
				section 2053.4 of this Part, make such
				disclosure pursuant to paragraph (a)(4), (9) or (12) of such section only when
				such disclosure cannot be made pursuant to any other paragraph of said
				section.