Q: How does the law apply to commercial record requests, if used as part of a broad market research & Data analysis?

Can info gained from Public Record Requests be used in broad data gathering research to later be used for commercial purposes, if it is not disadvantageous, OR is advantageous to the organization providing the data? Would it make a difference if the organization knowingly provided the data?

2 Lawyer Answers

A: It could depend on the fine print of privacy notices and "how we use your information" clauses that the individual was originally presented with. Some info is still off-limits, such as those records falling under the protection of HIPAA. Good luck

James L. Arrasmith
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Answered

A: When using information obtained through public record requests for broad market research and data analysis, it's essential to adhere to applicable laws. Public records are generally accessible to the public, but their use for commercial purposes may be subject to specific regulations. Ensure that the data you collect does not include sensitive or restricted information that could violate privacy laws or other protections.

If the information you gather is not disadvantageous and may even benefit the organization providing the data, you might have more flexibility in its use. However, it's crucial to respect any terms or conditions associated with the data release. Always verify that your intended use aligns with the legal guidelines governing public records to avoid potential legal issues.

The situation changes if the organization knowingly provided the data for commercial use. In such cases, there may be explicit permissions or agreements that allow for broader use. Always document the source of your data and any permissions granted to ensure compliance. Consulting with a legal professional can provide additional clarity tailored to your specific circumstances.

Tim Akpinar agrees with this answer

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