Legal Arrangements for use and Control of Real-Time Data

This digest addresses the legal implications of a transit agency's ownership and sharing of real-time data. As used herein, the term real-time data means data that are being collected at the same time they are being generated and that may be disseminated immediately to patrons or others. This digest discusses whether a transit agency has ownership rights in its real-time data and whether it may protect itself from someone copying, using, or disseminating its real-time data. The digest addresses whether real-time data may be protected by the law of intellectual property, in particular the Federal Copyright Act of 1976, or whether, alternatively, an agency would have a claim under state law of someone's misappropriation of the agency's data. The digest discusses whether an agency may protect its data by a terms-of-use, end-user license or other agreement. As will be discussed, it appears that protection for real-time data is pursuant to contract and licensing law, not the copyright laws. The digest examines whether a transit agency may have to disclose its real-time data pursuant to a public records disclosure law, such as a freedom of information act (FOIA) or a freedom of information law (FOIL), even if the government paid for the technology needed to collect real-time data. The digest considers whether a transit agency could refuse to provide its real-time data pursuant to a FOIA or FOIL request because of homeland security and antiterrorism or other public safety concerns. Appendix A to the digest discusses the results of a survey of transit providers regarding their collection, use, and protection of real-time data, including whether real-time data are being used to increase advertising revenue.