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Pages 28-29

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From page 28...
... 28 by a data breach.382 Unless a state privacy law provides otherwise, in some states a transit agency may be held liable only for an intentional disclosure of a customer's PII or other personal data. Furthermore, in the event of an unintentional release of data, there may be a good faith defense, which also has been codified in some state statutes.383 A technology agreement between a contractor, designer, developer, licensor, or vendor should provide for a transit agency's indemnification for data breaches and privacy violations.
From page 29...
... 29 To preserve a trade secret, the owner must be careful "to limit access to the information, and such information should only be disclosed in confidence."399 A claim may be available for misappropriation of a trade secret under either the UTSA or at common law.400 Although a misappropriation of trade secrets is unlawful, "trade secret law does not create a right in the information itself."401 An owner "has no proprietary interest in the information," and "‘the public at large remains free to discover and exploit the trade secret through reverse engineering…or by independent creation.'"402 In Sherman & Co.

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