Legal Issues Concerning Transit Agency Use of Electronic Customer Data (2017) / Chapter Skim
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30 been derived from general tort law, but government record-keeping on its citizens has resulted in "a distinct subspecies of statutory law."369 Some federal laws, such as the Privacy Act of 1974 and the Freedom of Information Act, broadly control the "use and disclosure of federal government records about its citizens,"370 whereas other laws such as the DPPA or the Gramm Leach Bliley Act of 1999 (GLBA) 371 govern narrow, specific issues that affect individuals.
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31 In Stephens v. Tennessee Valley Authority,388 a former Tennessee Valley Authority (TVA)
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32 As discussed in the following section, no federal statutes have been identified that are implicated by government-owned or privately owned transit agencies' collection or use of their customers' electronic data.409 C The Electronic Communications Privacy Act of 1986 The Electronic Communications Privacy Act (ECPA)
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33 communication at all with the defendant.429 All that is required for a violation of the statute is the defendant's "act of accessing electronically stored data."430 In JetBlue Airways Corp., supra, the court held that companies that provide traditional products and services over the Internet, as opposed to Internet access itself, are not "electronic communication service" providers within the meaning of the ECPA.431 JetBlue was not an electronic communication service provider simply because it maintained a Web site that allowed for the transmission of electronic communications between it and its customers. In Yunker, supra, the plaintiff failed to show that a disclosure of Yunker's PII violated the SCA, because the plaintiff failed to show that his PII was in temporary or immediate storage after he sent it to Pandora.432 Although not applicable to transit agencies, Section 2702(a)
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34 The factors in subclauses (c)
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35 protections, responsibilities, and remedies established under the Act.461 Regulation E does not appear to apply to transit agencies as they are not financial institutions and do not issue "access devices" to consumers for the purpose of obtaining government benefits.462 Regulation E does apply to banks, however, that issue reloadable cards that are or could be used for transit.463 The GLBA creates an obligation for financial institutions to protect the privacy of customers' data by requiring the institutions to follow the standards created by an agency that regulates financial institutions in their jurisdiction.464 The GLBA regulates how financial institutions may collect and disclose information; sets forth measures that financial institutions must adopt to safeguard information; and prohibits the use of false pretenses to access information.465 The GLBA also provides for criminal and civil penalties for noncompliance.466 Other federal laws that apply to the protection of personal data are the healthcare privacy laws, including the Health Insurance Portability and Accountability Act of 1996, Health Information Technology for Economic and Clinical Health Act, Fair Credit Reporting Act, Bank Secrecy Act, and the Children's Online Privacy Protection Act (COPPA) .467 In its response to the survey, the Capital Area Transportation Authority of Lansing, Michigan, explained that it complies with the requirements of the Children's Online Privacy Protection Act (COPPA)
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