Title 1 Department of Agriculture and Markets - Chapter VIII Administration - Part 365 Access to Records Pursuant to the Personal Privacy Protection Law - s 365.2 Definitions.


Published: 2021-01-31

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For the purposes of this Part, the following terms shall have the following meanings:

(a) Department means the Department of Agriculture and Markets of the State of New York.

(b) Commissioner means the Commissioner of Agriculture and Markets of the State of New York.

(c) Main address means Building 8, State Campus, Albany, N.Y. 12235.

(d) Regional office means one of the following regional offices of the department:

(1) New York City Regional Office, 50th Floor, Two World Trade Center, New York, N.Y. 10047.

(2) Syracuse Regional Office, 2100 Park Street, Syracuse, N.Y. 13208.

(3) Buffalo Regional Office, 125 Main Street, Buffalo, N.Y. 14203.

(4) Rochester Regional Office, 900 Jefferson Road, Rochester, N.Y. 14623.

(5) Riverhead Regional Office, 127 East Main Street, Riverhead, N.Y. 11901.

(e) Normal business hours means the hours from 8:30 a.m. to 4:30 p.m.

(f) Committee means the committee on open government as constituted pursuant to subdivision 1 of section 89 of the Public Officers Law.

(g) Data subject means any natural person about whom personal information has been collected by an agency.

(h) Privacy compliance officer means the department employee designated by the commissioner pursuant to subparagraph (j) of subdivision 1 of section 94 of the Public Officers Law, as the person responsible for ensuring that the department complies with all of the provisions of article 6-A of the Public Officers Law.

(i) Reviewing official means the person designated by the commissioner pursuant to subdivision 3 of section 95 of the Public Officers Law to receive and determine appeals from data subjects whose requests, pursuant to article 6-A of the Public Officers Law, have been denied.

(j) Disclose means to reveal, release, transfer, disseminate or otherwise communicate personal information or records orally, in writing or by electronic or any other means other than to the data subject.

(k) Governmental unit means any governmental entity performing a governmental or proprietary function for the Federal government or for any state or any municipality thereof.

(l) Law means State or Federal statute, rule or regulation.

(m) Personal information means any information concerning a data subject, which because of name, symbol, mark or other identifier, can be used to identify that data subject.

(n) Record means any item, collection or grouping of personal information about a data subject which is maintained and retrievable by use of the name or other identifier of the data subject. The term record shall not include personal information which is not used to make any determination about the data subject if it is:

(1) a telephone book or directory which is used exclusively for telephone and directory information;

(2) any card catalog, book or other resource material in any library;

(3) any compilation of information containing names and addresses only which is used exclusively for the purpose of mailing agency information;

(4) personal information required by law to be maintained, and required by law to be used only for statistical research or reporting purposes;

(5) information requested by the agency which is necessary for the agency to answer unsolicited requests by the data subject for information; or

(6) correspondence files.

(o) System of records means any group of records under the actual or constructive control of the department pertaining to one or more data subjects from which personal information is retrievable by use of the name or other identifier of a data subject.

(p) Public safety agency record means a record of the Commission of Corrections, the temporary State Commission of Investigation, the Department of Correctional Services, the Division for Youth, the Division of Parole, the Crime Victims Board, the Division of Probation or the Division of State Police or of any agency or component thereof whose primary function is the enforcement of civil or criminal statutes if such record pertains to investigation, law enforcement, confinement of persons in correctional facilities or supervision of persons pursuant to criminal conviction or court order, and any records maintained by the Division of Criminal Justice Services pursuant to sections 837, 837-a, 837-b, 837-c, 838, 839, 845 and 845-a of the Executive Law.