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Legal Arrangements for Use and Control of Real-Time Data (2011)

Chapter: APPENDIX C--SURVEY QUESTIONS

« Previous: APPENDIX B--TRANSIT AGENCIES RESPONDING TO THE SURVEY

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51 APPENDIX C--SURVEY QUESTIONS TCRP J-5, STUDY TOPIC 12-04: LEGAL ARRANGEMENTS FOR USE AND CONTROL OF REAL-TIME DATA Agency Name:_____________________________________________________________________ Name of Employee:_________________________________________________________________ Job Title:_________________________________________________________________________ Contact telephone / cell phone number:__________________________________________________ Email address:_____________________________________________________________________ How many years have you been with the agency?_________________________________________ What has been your agency's average annual ridership for the last year? (a) Number of passenger trips by rail per year______________________________________ (b) Number of passenger trips by bus per year______________________________________ ***************************************************** Note: As used herein, the term "real-time data" means data being collected at the same time it is being generated and that may be disseminated immediately to patrons or others. (If insufficient space is allotted for your responses below, please feel free to place your responses on additional sheets of paper and attach them to the survey.) 1. Does your agency collect real-time data from its vehicles? (please circle) YES NO IF YOUR ANSWER IS "NO," PLEASE PROCEED TO SURVEY QUESTION NUMBER 8. If your answer is "YES," a. Please describe the system that your agency uses to collect the data. _____________________________________________________________________________________ b. Does a governmental agency pay for the technology used by your agency for real-time data collec- tion? (please circle) YES NO If your answer is "YES," identify any laws that require the government agency to make the real- time data available to the public. _____________________________________________________________________________________ c. Does your agency archive such real-time data? (please circle) YES NO If your answer is "YES," how long do you archive the data? _________________________________________________________________________________ 2. Does your agency currently share its real-time data with the public or a private entity that publishes or uses the information? (please circle) YES NO If your answer is "NO," please state your agency's reason for not doing so. _____________________________________________________________________________________ If your answer is "YES," a. Discuss your agency's reasons for doing so. _____________________________________________________________________________________ b. Explain what effects, beneficial or otherwise, that the sharing of such information has had on your

52 agency, such as an increase in ridership, increase in advertising revenue, and/or improvement in customer relations (e.g., reduction in complaints). _____________________________________________________________________________________ c. Provide details regarding the model(s) or format(s) used or requested for sharing the data, and, if possi- ble, provide copies or any relevant documents. _____________________________________________________________________________________ 3. Identify and discuss any contractual issues that your agency has considered (a) to maximize its revenue from real-time data, and/or (b) to restrict the further dissemination of the data. If possible, please provide copies of any relevant documents, such as contracts or memoranda. _____________________________________________________________________________________ 4. List the steps your agency takes to protect its rights to the information collected. If there are relevant policies or contracts, please provide copies, if possible. _____________________________________________________________________________________ 5. Does your agency currently use, or has it previously used, real-time data to increase advertising reve- nue? (please circle) YES NO If your answer is "YES," please identify and discuss any public policy issues that have arisen or that have been identified (e.g., using transit information to target recipients or advertising). __________________________________________________________________________________ 6. Have any outside developers requested or required any limitations on the disclosure of data to anyone beyond the agency's or developer's control or supervision? (please circle) YES NO If your answer is "YES," please identify the requested or required limitations. ___________________________________________________________________________ 7. Has your agency had any requests for the release of real-time data pursuant to a Freedom of Informa- tion Act or similar legislation applicable to your agency? If so, please provide details and, if possible, copies of any relevant laws, regulations, ordinances, and guidelines. ____________________________________________________________________________________ 8. Identify any state or local acquisition laws and regulations that give your agency rights in technical data in connection with a contract and/or the performance thereof with your agency. _____________________________________________________________________________________ 9. Identify any laws and regulations that are or would be applicable in your jurisdiction to the sharing or protection of real-time data by your agency; and specify which laws, if any, require that collected data be made publicly available. _____________________________________________________________________________________ 10. Please attach any additional comments you wish to make to this survey. ****************************************************************************** Please return your completed survey to: The Thomas Law Firm ATTN: Larry W. Thomas

53 1776 I Street, NW, Suite 900 Washington, D.C. 20006 Tel. (202) 280-7769 lwthomas@cox.net

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TRB’s Transit Cooperative Research Program (TCRP) Legal Research Results Digest 37: Legal Arrangements for Use and Control of Real-Time Data is designed to help transit officials understand the legal options and limitations for real-time data ownership, protection, and use.

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