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 49-51
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From page 49... ...
49 to be published by an agency are subject to disclosure unless the information comes within one of nine exemptions.681 Thus, unless a request for government data is protected from disclosure by an exemption in the FOIA or by another law, it appears that a request for data may be allowable.682 However, at least one court has ruled that an agency need not disclose records automatically but must weigh the effects of disclosure and nondisclosure and determine the best course to follow.683 C State FOIA or Public Records Disclosure Laws and a Release of Data Likewise, state statutes that allow for the disclosure of data collected by state agencies may include an exemption permitting a transportation agency to withhold data.
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50 Nevertheless, the Committee ruled that Section 409 did not exempt the records from disclosure, because the statute "precludes the use of certain records in a litigation context; it does not, however, exempt records from disclosure in every instance."698 The Committee stated that the request should not have been denied on the basis of 23 U.S.C. § 409 unless the requestor intended to use the records for litigation purposes.699 The Committee also ruled that the records may be exempt under N.Y.
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From page 51... ...
51 that may be applicable to some data collected and maintained by transportation agencies.714 D Agency Waiver of Privacy Exemption Exemptions under a FOIA or similar legislation may be waived.
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