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From page 23... ... TCRP LRD 59 23 1. Information and Data Subject to FOIA In 1996, Congress amended the FOIA to include a definition of the term "records,"160 defining it as including "any information that would be an agency record … when maintained by an agency in any format, including an electronic format."161 FOIA contains no definition of "agency records," that is, whether the record belongs to the agency for the purposes of FOIA. Read the entire page →
From page 24... ... 24 TCRP LRD 59 two distinct categories of information shielded from disclosure under Exemption 4, both of which arise in the context of emerging technology: (i) trade secrets; and (ii) Read the entire page →
From page 25... ... TCRP LRD 59 25 ileged or confidential in addition to record- or agency-specific restrictions. Laws and exemptions vary by jurisdiction. Read the entire page →
From page 26... ... 26 TCRP LRD 59 Michigan similarly excludes computer software from the definition of public record, a public record is "a writing prepared, owned used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created."201 Under Michigan law, software is defined as "a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task or result. Read the entire page →
From page 27... ... TCRP LRD 59 27 Secrets Act, Title 30, chapter 14, part 4, MCA."213 Uniform Trade Secrets Act (UTSA) is a model law that codifies the basic principles of common law trade secret protection.214 All of the states (except New York) Read the entire page →
From page 28... ... 28 TCRP LRD 59 from public records requests.225 TriMet informed lawmakers of the risks to personal privacy and safety of disclosing individual trip data that would be generated from this system,226 and lawmakers exempted data "collected as part of an electronic fare collection system of a mass transit system" from disclosure by including it in the definition of PII.227 The law permits disclosure of "public records that have attributes of anonymity that are sufficient, or that are aggregated into groupings that are broad enough, to ensure that persons cannot be identified by disclosure of the public records."228 Similarly, the Dallas Area Rapid Transit (DART) in Texas persuaded State legislators to exempt toll customer travel data and transit app/ticketing transaction data from public disclosure.229 According to the Shared Use Mobility Center, "the updates to the public records legislation were uncontroversial and were easily passed in their legislatures."230 C Read the entire page →

From page 23...

... TCRP LRD 59 23 1. Information and Data Subject to FOIA In 1996, Congress amended the FOIA to include a definition of the term "records,"160 defining it as including "any information that would be an agency record … when maintained by an agency in any format, including an electronic format."161 FOIA contains no definition of "agency records," that is, whether the record belongs to the agency for the purposes of FOIA.

Read the entire page →

From page 24...

... 24 TCRP LRD 59 two distinct categories of information shielded from disclosure under Exemption 4, both of which arise in the context of emerging technology: (i) trade secrets; and (ii)

Read the entire page →

From page 25...

... TCRP LRD 59 25 ileged or confidential in addition to record- or agency-specific restrictions. Laws and exemptions vary by jurisdiction.

Read the entire page →

From page 26...

... 26 TCRP LRD 59 Michigan similarly excludes computer software from the definition of public record, a public record is "a writing prepared, owned used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created."201 Under Michigan law, software is defined as "a set of statements or instructions that when incorporated in a machine usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task or result.

Read the entire page →

From page 27...

... TCRP LRD 59 27 Secrets Act, Title 30, chapter 14, part 4, MCA."213 Uniform Trade Secrets Act (UTSA) is a model law that codifies the basic principles of common law trade secret protection.214 All of the states (except New York)

Read the entire page →

From page 28...

... 28 TCRP LRD 59 from public records requests.225 TriMet informed lawmakers of the risks to personal privacy and safety of disclosing individual trip data that would be generated from this system,226 and lawmakers exempted data "collected as part of an electronic fare collection system of a mass transit system" from disclosure by including it in the definition of PII.227 The law permits disclosure of "public records that have attributes of anonymity that are sufficient, or that are aggregated into groupings that are broad enough, to ensure that persons cannot be identified by disclosure of the public records."228 Similarly, the Dallas Area Rapid Transit (DART) in Texas persuaded State legislators to exempt toll customer travel data and transit app/ticketing transaction data from public disclosure.229 According to the Shared Use Mobility Center, "the updates to the public records legislation were uncontroversial and were easily passed in their legislatures."230 C

Read the entire page →

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