Liability of Transportation Entity for the Unintentional Release of Secure Data or the Intentional Release of Monitoring Data on Movements or Activities of the Public (2016) / Chapter Skim
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Pages 28-34
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28 officers were acting in good faith because their "investigatory stops [were] based on reasonable, articulable suspicion [that]
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29 Although some states ban or limit the use of certain types of technology or devices (see Section VI.E) , there seem to be no state laws "that specifically address privacy rights and transportation technologies."419 Even when state privacy laws are applicable, only some states' privacy laws authorize a private right of action for a violation of an individual's privacy.420 B
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30 C Whether There Are Separate Claims Based on the Owner or Type of Data or on the Collection, Use, Disclosure, or Maintenance of Data Although some state privacy laws include a provision authorizing a private right of action for a violation of the statute,445 the statutes reviewed for the digest have not established different claims based on the owner or type of data and/or the data's manner of collection, use, disclosure, or maintenance.
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31 Likewise, in Ohio, although an action may be brought for certain intentional violations as permitted by statute, claims are not differentiated based on the type of personal information or the manner of its collection, use, disclosure, or maintenance.
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32 D Privacy Policies Required by States Some states direct government agencies to adopt and implement privacy regulations and/or to display a privacy policy.466 Arkansas requires a state agency having a Web site to include a privacy policy on its Web site and to describe the data being collected and how the data will be used.467 Arizona law requires government agencies to "develop and establish commercially reasonable procedures to ensure that entity identifying information or personal identifying information that is collected or obtained by [a]
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33 devices installed in their automobiles.483 Virginia law provides that data may be accessed from a device on a motor vehicle that collects electronic information, not just devices installed by manufacturers, only by the vehicle's owner or the owner's agent or legal representative.484 Although there are federal regulations that apply to EDRs, the federal regulations are not designed to protect driver privacy and do not require an owner's consent to the release of data after an accident.485 F State Legislative Trends and Proposed Legislation With one exception, transportation agencies responding to the survey reported that there are no proposed changes in state law or regulations that would affect their collection of secure data or monitoring data.486 The National Conference of State Legislatures publishes information on proposed state legislation.487 1.
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34 5. Massachusetts There are several bills pending in the Massachusetts legislature to regulate the use of ALPRs.495 House Bill 3102 would allow the data to be used only by law enforcement agencies for legitimate law enforcement purposes and by the department of transportation for the purpose of assessing and collecting tolls.496 Senate Bill 1817 and House Bill 3009 are similar, but would expand the permissible uses of ALPRs to parking enforcement, to the control of access to secured areas, and for "the immediate comparison of captured plate data with data held by the Registry of Motor Vehicles, Department of Criminal Justice Information Services, the National Crime Information Center, and the Federal Bureau of Investigation…"497 Each bill has been referred to the Joint Committee on Transportation.
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