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M AY 2 021 ACRP LRD 42 Legal Implications of Data Collection at Airports LEGAL RESEARCH DIGEST AIRP O RT This digest was prepared under ACRP Project 11-01, âLegal Aspects of Airport Programs,â for which the COOP E R AT I VE Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 12-01, this RESEA R C H Âdigest was prepared by Donald R. Zoufal, CrowZ Nest Consulting, Inc., Chicago, IL; Sean Cusson, Del Ray P ROGR A M ÂSolutions 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 r esearchers who performed the research and are not n  ecessarily those of the Transportation Research Board; the National Academies of Sciences, E  ngineering, and ÂMedicine; or the program sponsors. The responsible Âprogram officer is Theresia Schatz. Background Foreword There are over 4,000 airports in the country and most of As technology continues to evolve, airports and air- these airports are owned by governments. A 2003 sur- port users are collecting more and more data from vey conducted by Airports Council InternationalâNorth Âpassengers, airport users, tenants, concessionaires, air- America concluded that city ownership accounts for lines, and o  thers. Airports and their tenants also are 38 percent, followed by regional airports at 25 percent, Âbeginning to consider whether and how to monetize single county at 17 percent, and multi-jurisdictional at the data collected. A wide range of functions within 9 percent. Primary legal services to these airports are, the airport environment will utilize this data, including in most cases, provided by municipal, county, and state legal, management, operations, marketing, informa-  Âattorneys. tion technology, and planning and development. People Research reports and summaries produced by the who seek to gather and use this data may not consider Airport Continuing Legal Studies Project and published or be aware of the legal requirements or implications, as ACRP Legal Research Digests are developed to assist including those related to public records, data privacy, these attorneys seeking to deal with the myriad of legal data breach, and Payment Card Industry Data Security problems encountered during airport development and Standard (PCI DSS) compliance. operations. Such substantive areas as eminent domain, This digest provides guidance to the collectors of data environmental concerns, leasing, contracting, security, with respect to the applicable laws, including federal, insurance, civil rights, and tort liability present cutting- state, and international, the compliance requirements, edge legal issues where research is useful and indeed and the consequences of noncompliance. The digest in- needed. Airport legal research, when conducted through cludes a survey of applicable laws, recommendations for the TRBâs legal studies process, either collects primary the collection and safekeeping of data, and a review of data that usually are not available elsewhere or performs the issues that arise related to data collection among air- analysis of existing literature. 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.
