Guidance for Transportation Agencies on Managing Sensitive Information (2005) / Chapter Skim
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53 Controlling Access to Sensitive Information Once a decision is made that information is considered sensitive, DOTs should ensure that appropriate information management practices are in place to assure its protection. Individuals or groups seeking sensitive information for inappropriate purposes may try to use official channels, such as a "sunshine" law request to obtain copies; alternatively, they may obtain it by stealing from the desk of a careless employee or through a disgruntled worker.
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Information should be protected at a level commensurate with the risk posed by its possible misuse.
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7Step 5. Educate DOT Staff About Sensitive Information Ultimately, physical protection of sensitive information must be the responsibility of every component and employee of the agency.
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Departments of transportation in some states may legally be able to protect some information under broad exemptions found in their sunshine laws. In New York for example, release of information can be restricted if it "endangers the life or safety of any person," and in Illinois information may be withheld if it endangers "the life or physical safety of law enforcement personnel or any other person." Some DOTs have sought to change sunshine-law language to provide specific exemption from public disclosure for information related to critical infrastructure designs and plans, vulnerability assessments, and emergency response plans.
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9HOUSING SENSITIVE INFORMATION AT FEDERAL OR LAW ENFORCEMENT AGENCIES Agencies should use caution when considering partnering with federal or law agencies to house sensitive information outside the DOT as a means for protection. Such strategies do not offer any greater legal justification for limiting disclosure of DOTs' information, and they may create time-consuming and bureaucratic hurdles to legitimately accessing important information.
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