TCRP Legal Research Digest 32: Reconciling Security, Disclosure, and Record-Retention Requirements in Transit Procurements
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TCRP Legal Research Digest 32:
Reconciling Security, Disclosure, and Record-Retention Requirements in Transit Procurements
(2010)
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Description

TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 32: Reconciling Security, Disclosure, and Record-Retention Requirements in Transit Procurements highlights the legal requirements that are relevant to the transit procurement process of balancing the competing needs of open government and public security. The report explores federal and state requirements concerning record retention and disclosure, as well as practices transit agencies have adopted to meet their responsibilities in balancing these competing public policy interests.

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Publication Info

80 pages | 8.5 x 11
Contents

Table of Contents

skim chapter
COVER 1-1
CONTENTS 2-2
LIST OF ACRONYMS 3-3
LIKELY QUESTIONS CONCERNING MANAGEMENT OF SECURITY INFORMATION 4-4
A. Statement of the Problem 5-5
B. Background of Threats to Public Transit Systems 6-6
C. Background of Public Records Requirements 7-11
A. FOIA 12-17
B. Critical Infrastructure Information/Sensitive Security Information 18-30
III. STATE LAW SUMMARY 31-31
A. Public Records Laws - Disclosure Requirements 32-37
B. Public Records Laws - Security Exemptions 38-39
C. Public Records Laws - Other Exemptions That May Protect SSI and Other Security Information 40-42
D. Records Management Laws 43-43
A. Transit Agency A 44-44
C. Agency C 45-46
F. Virginia Department of Transportation 47-47
A. Minimizing Need to Balance Security and Transparency 48-48
B. Deciding Whether Information Should Be Disclosed 49-49
C. Procedures for Maintaining Contract Records Containing CII/SSI/Restricted Security Information 50-52
D. Issues to Consider in Establishing/Reviewing Security Protocol for Procurement Process 53-53
VI. CONCLUSIONS 54-56
APPENDIX A: Federal Statutory and Regulatory Provisions 57-59
APPENDIX B: State Public Records/Freedom of Information Laws 60-63
APPENDIX C: Security Exemptions to State Public Records/Freedom of Information Laws 64-69
APPENDIX D: State Records Management Laws 70-73
APPENDIX E: Sample Nondisclosure Agreements 74-74
APPENDIX F: Examples of SSI and Non-SSI 75-75
APPENDIX G: Checklist for Assessing Adequacy of Management of Security Information 76-78
ACKNOWLEDGMENTS 79-79
BACK COVER 80-80

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