N.Y. Public Officers 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.