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Suggested Citation:"CONTENTS." 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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CONTENTS I. Introduction, 3 A. Background of the Research, 3 B. Objective of the Research, 5 C. How to Use the Digest, 5 D. Summary of Section Content, 5 II. Literature Review, 6 A. New Technology–New Concerns, 6 B. Adapting to Technology Change and Developing Considerations, 6 C. Statutory and Regulatory Move Toward Prevention, 6 D. International Distinctions, 8 E. Present Day Challenges in Defining Privacy and Enforcement Practice, 9 F. New Technology Driven Privacy Frontiers, 10 G. Growing Discussions of Airport Data Use Cases in the Literature, 10 III. Airport Data Use Cases, 11 A. Use Case Domain #1—Technology Services–PPA, 12 B. Use Case Domain #2—Security and Terminal Operations–Biometrics, 14 C. Use Case Domain #3—Landside Operations– Automated License Plate Recognition (ALPR), 16 D. Use Case Domain #4—Airport Digital Landscape (Websites, Mobile Apps, e-Commerce, Wi-Fi and CRM), 18 E. Use Case Domain #5—Health Checks–Temperature Screening, 20 F. Conclusion, 22 IV. Developments in Federal Constitutional Protections, 22 A. Carpenter and the Contours of Privacy Protections, 22 B. Recurrent Themes in Supreme Court’s Privacy Analysis, 24 V. Survey of Federal Statutory Provisions and Federal Agency Actions, 26 A. Early Federal Statutory Efforts to Address Privacy, 26 B. Additional Federal Statutory Provisions, 29 C. Federal Agency Actions, 34 VI. Federal Enforcement Activities and Other Federal Initiatives, 35 A. FTC Enforcement Activity and the Creation of “Privacy Common Law”, 35 B. Rulemaking Authority, 40 C. Advocacy and Education, 40 D. Other Executive Branch and Congressional Initiatives, 41 E. Future Trends, 41 VII. Overview of State Constitutional Privacy Protections, 41 VIII. State Statutory Privacy Protections and Trends, 43 A. Data Security Laws Regulating the Public Sector, 43 B. Data Security Laws Regulating the Private Sector, 43 C. Data Disposal/Destruction Laws, 44 D. Data Breach Laws, 44 E. Consumer Protection, 45 F. State Legislative Initiatives and Trends, 47 G. Other State Legislative Bills, 48 H. Conclusions, 49 IX. Developing State and Local Laws, and Federal Agency Actions and Legislative Proposals on Biometrics Usage, 49 A. State Law Developments, 49 B. Local Restrictions, 51 C. Federal Agency Actions and Legislative Proposals, 52 X. Interplay of Privacy and Open Government Records, 54 A. Provisions for Open Government, 54 B. Public Records and Retention, 55 C. Trends in State FOIA Provisions, 55 XI. Payment Card Industry Data Security Standard (PCI DSS) and Airports, 57 A. Contractual Duties and Liabilities, 58 B. Model Industry Standard, 58 XII. International Efforts, 59 A. GDPR, 59 B. Bilateral Agreements to Enforce GDPR Principles, 61 C. The Cookie Law, 62 D. Other International Efforts, 62 E. Conclusions, 63 XIII. Policy Considerations and Contractual Provisions for Data Collection and Usage, 63 A. Policy Considerations, 63 B. Contractual Issues, 67 XIV. Resource Guide, 69 A. Resources Identifying State Laws on Data, 69 B. Resources Identifying State Laws on Records Retention and Freedom of Information, 69 C. Resources on Federal Law for Consumer Protection, 69 D. Resources on International Law, 70 E. Resources on Technical Issues Relative to Privacy and Data Protection, 70 F. Sample Airport Privacy Policies, 71 XV. Conclusions, 71 APPENDIX: Airport Technology and Privacy, 73 2 ACRP LRD 42

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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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