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2 TCRP LRD 59 CONTENTS Introduction, 4 I. Liability and Risk Management, 5 A. Tort Liability, 5 B. Regulatory Concerns, 6 C. Discovery Issues and Records Retention for Litigation, 8 D. Micromobility, 8 E. Liability Issues with Particular Technologies, 12 II. Data Privacy: Protecting Personal Information in Government Records, 15 A. Personal Privacy Risks, 15 B. Data Privacy Risks Associated with a Public Agencyâs Use of Emerging Technologies, 16 C. Federal Laws Protecting Personal Information in Government Records, 17 D. Federal Consumer Data Privacy Law: Federal Trade Commission Act, 20 E. State Data Privacy Laws, 20 F. Transit Agency Regulations, Policies, and Procedures for Data Privacy and Protection, 22 III. Disclosure of Data Under the Federal FOIA or State Open Government Laws, 23 A. Freedom of Information Act, 23 B. State Freedom of Information Laws, 25 C. TNC Data, 28 D. Data Sharing in Mobility Partnerships, 29 E. Third-Party Repositories, 29 IV. Protecting Proprietary Information and Intellectual Property, 29 A. Trade Secrets Protection Generally, 30 B. Trade Secrets Act, 18 U.S.C. § 1905, 30 C. Defend Trade Secrets Act of 2016, 30 D. UTSA and State Laws, 31 V. Cybersecurity, 31 A. Cyber Threats, 32 B. Cybersecurity Generally, 32 C. Federal Laws Applicable to Cybersecurity Generally, 33 D. Federal Cybersecurity Laws Applicable to Federal Agencies, Federal Contractors, and Recipients of Federal Funds, 34 E. State Laws Applicable to Cybersecurity, 36 F. Cybersecurity Risks Associated with Autonomous and CVs, 37 G. Physical Security to Systems, 37 VI. Accessibility, 38 A. Introduction, 38 B. Title II of the ADA, 38 C. Assistance by Transit Agency Personnel Considerations for Autonomous Vehicles, 41 D. Accessibility Standards for Mobile Applications, 41 E. Accessibility Considerations for Electric Vehicle Charging Stations, 42 F. Shared Mobility Services and the ADA, 42 VII. Transportation Equity: Environmental Justice and Title VI of the Civil Rights Act, 42 A. Equitable Transportation, 43 B. Federal Actions to Address Transportation Equity, 43 C. Using Technology to Create Transportation Equity, 46 D. Environmental Justice and Transportation Equity Considerations for CVs and AVs, 47 VIII. Labor and Employment, 47 A. Public Transit Employee Protections, 47 B. Employee Privacy, 49 C. TNC Worker Classification, 50 IX. Emergency Preparedness, 54 A. Legal Framework of the Disaster Response and Recovery Processes, 54 B. Planning and Preparedness, 57 C. Transportation Equity in Emergencies, 58 D. Technology to Aid in Emergencies, 58
TCRP LRD 59 3 X. Regulations, 59 A. Regulating New Modes, 60 B. Lessons Learned from TNCs, 60 XI. Procurement, 61 A. Challenges of Procuring and Contracting for New and Emerging Technologies, 62 B. Federal Procurement Regulations Generally Applicable to Technology Acquisition, 63 XII. Conclusion, 65 Appendix A: Legal Topics and Emerging Technologies, 68
