TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest (LRD) 48: Legal Issues Concerning Transit Agency Use of Electronic Customer Data explores the advantages, disadvantages, risks, and benefits for transit agencies moving to electronic, cloudbased, and other computerized systems for fare purchases and for communicating with customers. “Smart” fare cards are now commonplace, and private businesses and transit agencies are using or planning to use smartphones, smart cards and credit cards, and other systems to obtain payment, location, and other personal data from customers.
This digest updates TCRP LRD 14: Privacy Issues in Public Transportation (2000) and TCRP LRD 25: Privacy Issues with the Use of Smart Cards (2008) and covers additional dimensions of collection and use of personal information using new technologies developed since those studies. Appendix A-D are available online only.
Table of Contents
|I. CONTACTLESS ELECTRONIC PAYMENT SYSTEM TECHNOLOGY USED BY TRANSIT AGENCIES||4-7|
|II. TRANSIT AGENCIES' AGREEMENTS AND PRIVACY POLICIES GOVERNING THE COLLECTION AND USE OF CUSTOMERS' ELECTRONIC DATA||8-8|
|III. PRIVACY RISKS ASSOCIATED WITH TRANSIT AGENCIES' COLLECTION OF CUSTOMERS' ELECTRONIC DATA||9-9|
|IV. TRANSIT AGENCIES' CONTROL OF ACCESS TO AND SECURITY OF CUSTOMERS' PERSONAL DATA||10-11|
|V. TRANSIT AGENCY COMPLIANCE WITH THE PAYMENT CARD INDUSTRY DATA-SECURITY STANDARDS||12-15|
|VI. CLAIMS IN CONTRACT OR TORT AGAINST TRANSIT AGENCIES FOR PRIVACY VIOLATIONS||16-19|
|VII. WHETHER PRIVACY RIGHTS UNDER THE U.S. CONSTITUTION APPLY TO TRANSIT CUSTOMERS' ELECTRONIC PERSONAL DATA||20-29|
|VIII. WHETHER THERE ARE FEDERAL STATUTES THAT APPLY TO TRANSIT AGENCIES' CUSTOMERS' ELECTRONIC PERSONAL DATA||30-35|
|IX. THE RIGHT TO PRIVACY UNDER STATE CONSTITUTIONS||36-37|
|X. RIGHT TO PRIVACY UNDER STATE LAWS||38-43|
|XI. APPLICATION OF STATE DATA-BREACH NOTIFICATION LAWS TO TRANSIT AGENCIES||44-48|
|XII. REMEDIES AT COMMON LAW FOR INVASION OF PRIVACY||49-51|
|XIII. DISCLOSURES OF DATA UNDER THE FEDERAL OR A STATE FOIA OR EQUIVALENT LAW||52-55|
|XIV. FOUR LEADERSHIP AGENCIES THAT USE CONTACTLESS OR OTHER ELECTRONIC PAYMENT SYSTEMS||56-58|
|SUMMARY AND CONCLUSIONS||59-64|
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