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Legal Implications of Data Collection at Airports (2021)

Chapter: ACRP LRD 42 Legal Implications of Data Collection at Airports

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Suggested Citation:"ACRP LRD 42 Legal Implications of Data Collection at Airports." National Academies of Sciences, Engineering, and Medicine. 2021. Legal Implications of Data Collection at Airports. Washington, DC: The National Academies Press. doi: 10.17226/26207.
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Background There are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 sur- vey conducted by Airports Council International–North America concluded that city ownership accounts for 38 percent, followed by regional airports at 25 percent, single county at 17 percent, and multi-jurisdictional at 9 percent. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Research reports and summaries produced by the Airport Continuing Legal Studies Project and published as ACRP Legal Research Digests are developed to assist these attorneys seeking to deal with the myriad of legal problems encountered during airport development and operations. Such substantive areas as eminent domain, environmental concerns, leasing, contracting, security, insurance, civil rights, and tort liability present cutting- edge legal issues where research is useful and indeed needed. Airport legal research, when conducted through the TRB’s legal studies process, either collects primary data that usually are not available elsewhere or performs analysis of existing literature. Foreword As technology continues to evolve, airports and air- port users are collecting more and more data from passengers, airport users, tenants, concessionaires, air- lines, and others. Airports and their tenants also are beginning to consider whether and how to monetize the data collected. A wide range of functions within the airport environment will utilize this data, including legal, management, operations, marketing, informa- tion technology, and planning and development. People who seek to gather and use this data may not consider or be aware of the legal requirements or implications, including those related to public records, data privacy, data breach, and Payment Card Industry Data Security Standard (PCI DSS) compliance. This digest provides guidance to the collectors of data with respect to the applicable laws, including federal, state, and international, the compliance requirements, and the consequences of noncompliance. The digest in- cludes a survey of applicable laws, recommendations for the collection and safekeeping of data, and a review of the issues that arise related to data collection among air- ports, their tenants, and other users and how to address them. This digest also includes information on new technology and its concerns as well as several airport data use cases and a section on how to use the digest. Legal Implications of Data Collection at Airports This digest was prepared under ACRP Project 11-01, “Legal Aspects of Airport Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 12-01, this digest was prepared by Donald R. Zoufal, CrowZ Nest Consulting, Inc., Chicago, IL; Sean Cusson, Del Ray Solutions LLC, Alexandria, VA; Diane J. Larsen (Ret.), Circ. Ct. of Cook County, State of Illinois, Chicago, IL; Tobias Person, Von Oxon, LLC, Los Angeles, CA; Daniel Hantman, Chicago, IL; and E. Austin Maliszewski, Austin, TX. The opinions and conclusions expressed or implied in this digest are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. The responsible ­program­officer­is­Theresia­Schatz. MAY 2021 AIRPORT COOPERATIVE RESEARCH PROGRAM ACRP LRD42 LEGAL RESEARCH DIGEST

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As technology evolves, airports and their partners collect more data from passengers, employees, tenants, concessionaires, airlines, and others. This data is used in many ways, including for facility management, security, ground transportation, marketing, understanding passenger preferences, and enhancing the travel experience.

The TRB Airport Cooperative Research Program's ACRP Legal Research Digest 42: Legal Implications of Data Collection at Airports provides a survey of applicable law; considerations for the collection and safekeeping of data; and a review of the issues that arise related to data collection among airports, their tenants, and other users. It also offers an understanding of the expansion in law around data collection and use.

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