Most commercial sources of personal background information (Lexis Public Records, Westlaw People Map and TLO, for example) require that you declare whether you have no permissible use or a limited permissible use under two different federal laws, based on your relationship to the person you are researching. Some platforms (such as Lexis) allow you to select a "default permissible use" that will be applied each time you view those records. Others require you to select permissible uses each time you access those resources. The two laws at issue are the Driver's Privacy Protection Act (DPPA) and the (GBLA). Below is a brief description of those acts and the categories of permissible use available for each.
If you do NOT have a relationship with the person you are researching, you must select "No Permissible Use"
NOTE: even with a permissible use, you may not be able to access records from all states. Pennsylvania is very protective and typically does NOT release information under ANY permissible use. See the "Permissible Use" list on your research platform to see what states and state information is included in each permissible use. Some states/databases may be available under some permissible uses but not others.
Some sites limit the use of their data to a specific purpose. Researchers should be on the lookout for these types of statements which are usually labeled as "Notice," "Restrictions on Use," "Permissible Uses" and the like. Failure to abide by these restrictions could result in civil or criminal penalties, particularly if it is information provided by a government agency.
For example the Federal Election Commission states on its website that:
"Reports and statements filed by political committees may be inspected and copied by anyone. The names and addresses of individual contributors, however, may not be sold or used for any commercial purpose or to solicit any type of contribution or donation, such as political or charitable contributions. 2 U.S.C. §438(a)(4); 11 CFR 104.15. This restriction applies to Federal reports and statements. Any person who violates this restriction is subject to the penalties of 2 U.S.C. §437g."
Fair Credit Reporting Act Notice
Most commercial sites also have a notice similar to the language below, in addition to the GLBA & DPPA Permissible Uses:
The data provided to you by use of this product is not provided by ‘consumer reporting agencies,’ as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA") and does not constitute a "consumer report," as that term is defined in the FCRA. You hereby agree you will not use or allow the use of the data provided to you to be used in whole or in part as a factor in determining eligibility for credit, insurance, or employment or for any other eligibility purpose that would qualify it as a consumer report under the FCRA.
NOTE: even with a permissible use, you may not be able to access records from all states. Pennsylvania is very protective and typically does NOT release information under ANY permissible use. See the "Permissible Use" list on your research platform to see what states and state information is included in each permissible use. Some states/databases may be available under some permissible uses but not others.
DPPA Permissible Uses:
Employment CDL: Use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license.
GLBA Permissible Uses: