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Tcrp Legal Research Digest 48: Legal Issues Concerning Transit Agency Use of Electronic Customer Data

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Tcrp Legal Research Digest 48: Legal Issues Concerning Transit Agency Use of Electronic Customer Data TCRP LEGAL RESEARCH DIGEST 48: LEGAL ISSUES CONCERNING TRANSIT AGENCY USE OF ELECTRONIC CUSTOMER DATA Appendix A—List of Transit Agencies Responding to the Survey Appendix B—Survey Questions Appendix C—Summary of the Transit Agencies’ Responses to the Survey Appendix D—Documents Provided by Transit Agencies Responding to the Survey A-1 APPENDIX A—LIST OF TRANSIT AGENCIES RESPONDING TO THE SURVEY 1. Ann Arbor Transportation Authority, Ann Arbor, MI 2. Antelope Valley Transit Authority, Lancaster, CA 3. Belle Urban System, The, Racine, WI 4. Berkshire Regional Transit Authority, Pittsfield, MA 5. Capital Area Transportation Authority, Lansing, MI 6. Capital District Transportation Authority, Albany, NY 7. Central Florida Regional Transportation Authority d/b/a Lynx, Orlando, FL 8. Central Ohio Transit Authority, Columbus, OH 9. Centre Area Transportation Authority, State College, PA 10. City of Cheyenne Transit Program, Cheyenne, WY 11. City of Alexandre, LA 12. City of Glendale Transit, Glendale, AZ 13. City of Madison Metro Transit, Madison, WI 14. City of Raleigh, GoRaleigh, Raleigh, NC 15. City of Visalia, Transit Division, Visalia, CA 16. City Utilities of Springfield, Springfield, MO 17. Cobb Community Transit, Marietta, GA 18. Connecticut Department of Transportation, Newington, CT 19. Corpus Christi Regional Transportation Authority, Corpus Christi, TX 20. CT Transit, Hartford, CT 21. Durham Area Transit Authority, GoDurham, Durham, NC 22. Fresno Area Express, Fresno, CA A-2 23. Golden Empire Transit District, Bakersfield, CA 24. Greater Attleboro Taunton Regional, Taunton, MA 25. Greater Cleveland Regional Transit Authority, Cleveland, OH 26. Greater Hartford Transit District, Hartford, CT 27. Greater Lynchburg Transit Company, Lynchburg, VA 28. Greater Lafayette Public Transportation, Lafayette, IN 29. La Crosse Municipal Transit, La Crosse, WI 30. Lake Charles Transit System, Lake Charles, LA 31. Laketran, Painesville Township, OH 32. Lane Transit District, Eugene, OR 33. Manchester Transit Authority, Manchester, NH 34. METRA, Chicago, IL 35. Metro Regional Transit Authority, Akron, OH 36. Metropolitan Transportation Authority, New York, NY 37. Metropolitan Transportation Commission, Oakland, CA 38. Milford Transit District, Milford, CT 39. Milwaukee County Transit System, Milwaukee, WI 40. Montgomery Area Transit System, The M, Montgomery, AL 41. Municipality of Anchorage, Public Transportation Department, Anchorage, AK 42. Muskegon Area Transit System, Muskegon Heights, MI 43. Niagara Frontier Transportation Authority, Buffalo, NY 44. Ohio Valley RTA, Wheeling, WV 45. Omnitrans, San Bernardino, CA 46. ORCA Regional Coordination Program, Seattle, WA A-3 47. Port Authority of Allegheny County, Pittsburgh, PA 48. Pueblo Transit, Pueblo, CO 49. Regional Transportation District, Denver, CO 50. Salem-Keizer Transit, Salem, OR 51. Sarasota County Area Transit, Sarasota, FL 52. Sioux Area Metro, Sioux Falls, SD 53. Space Coast Area Transit, Cocoa, FL 54. Sunline Transit Agency, Thousand Palms, CA 55. Topeka Metropolitan Transit Authority, Topeka, KS 56. TriMet, Portland, OR 57. Valley Regional Transit, Meridian, ID 58. Valley Transit District, Derby, CT 59. Votran, South Daytona, FL 60. Westchester County Department of Public Works and Transportation, Mount Vernon, NY 61. Western Reserve Transit Authority, Youngstown, OH 62. VIA Metropolitan Transit, San Antonio, TX B-1 APPENDIX B—SURVEY QUESTIONS SURVEY QUESTIONS If you prefer an electronic copy of the survey please contact the Thomas Law Firm by email at: [email protected] TCRP J-5, STUDY TOPIC 16-02, LEGAL ISSUES CONCERNING TRANSIT AGENCY USE OF ELECTRONIC CUSTOMER DATA Agency Name: ________________________________________________________________________ Name of Employee: ____________________________________________________________________ Job Title: ___________________________________________________________________________ Contact telephone/ cell phone number: ________________ _____________________________________ Email address: ________________________________________________________________________ Educational Background: _______________________________________________________________ Legal Training: YES NO (If “yes” describe) ____________________________________________ How many years have you been with the agency? ___________________________________________ ***************************************************** NOTE The term “electronic customer data” used herein refers to data collected by transit agencies by contactless (or other) electronic payment systems that accept payment by a smart card, a customer’s credit or debit card, and/or mobile device. The term electronic customer data includes personally identifiable information, financial data, travel data (e.g., time of travel and points of origin and destination), and real-time location data. 1. Is your agency using one or more contactless (or other) electronic payment system(s) for customers to pay for transit? (please circle) YES NO IF YOUR ANSWER IS “YES,” PLEASE RESPOND TO THE FOLLOWING QUESTIONS AND REQUESTS. (If insufficient space is allotted for your responses below, please feel free to place your responses on additional sheets of paper and attach them to the survey.) B-2 2. Please identify the type of contactless (or other) electronic payment system or systems that your agency is using presently. _____________________________________________________________________________________ _____________________________________________________________________________________ 3. Is your agency collecting customers’ personal data as defined in the above Note with its present electronic payment system? (please circle) YES NO If your answer is “Yes,” please describe the types of personal data that your agency is collecting. _____________________________________________________________________________________ _____________________________________________________________________________________ 4. Is your agency planning to adopt a new electronic payment system or systems? (please circle) YES NO If your answer is “Yes,” please describe: (a) the system being adopted or that is under consideration for adoption; and _____________________________________________________________________________________ _____________________________________________________________________________________ (b) the types of data that your agency will be collecting with the new system. _____________________________________________________________________________________ _____________________________________________________________________________________ 5. With your current or proposed electronic payment system are customers able: (a) To use their credit and debit cards to pay for transit? (please circle) YES NO If your answer is “Yes” to question 5(a), please provide details. _____________________________________________________________________________________ B-3 _____________________________________________________________________________________ (b) To use Near Field Communications (NFC)-enabled mobile phones or other mobile devices to pay for transit? (please circle) YES NO If your answer is “Yes” to question 5(b), please provide details. _____________________________________________________________________________________ _____________________________________________________________________________________ 6. If your agency is using customers’ personal data, please describe how the data is being used: a) For the benefit of the agency: _____________________________________________________________________________________ _____________________________________________________________________________________ b) For the benefit of customers: _____________________________________________________________________________________ _____________________________________________________________________________________ 7. (a) Does your agency have an agreement, terms of use, and/or privacy policy that it uses in connection with its electronic payment system? (please circle) YES NO If your answer is “Yes” to question 7(a), please provide a copy of or a link to any agreement(s), terms of use, and/or privacy policy that your agency uses. _____________________________________________________________________________________ _____________________________________________________________________________________ (b) Does your agency have a website that collects customers’ personal data when they use the website? (please circle) YES NO If your answer is “Yes” to question 7(b), please provide a copy of or a link to any agreement, terms of use, and/or privacy policy that your agency uses for the website. _____________________________________________________________________________________ B-4 _____________________________________________________________________________________ 8. (a) If not answered by the agreements, terms of use, and privacy policy or policies provided in response to question 7(a) and/or 7(b), please state: (1) Who owns the personal data collected by your agency? _____________________________________________________________________________________ _____________________________________________________________________________________ (2) Who has access to the personal data? _____________________________________________________________________________________ _____________________________________________________________________________________ (3) What personal data may be accessed and under what circumstances? _____________________________________________________________________________________
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