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Legal Requirements Relating to Data Base Searches:
While it is important to have
access to extensive on line data base resources, we believe it is
much more important to fully understand the changing legal
restrictions relating to access. For example, although it may
be perfectly legal to obtain a subject's driving record, use of the
information may be restricted to evaluating an applicant for
employment. Additionally, we believe it makes sense to use
good judgement when considering perfectly legal searches of this
type. On some cases, compiling an unreasonably excessive
dossier on a subject could be considered intrusive, and possibly
actionable under civil law.
Data Bases are Tools
of Investigation--Not the Investigation:
Data bases are just one of
the tools in a good investigator's arsenal and the raw data
retrieved is of little value until documented. A negative data
base search for litigation concerning Rico McPato in Orange County
will save the investigator a trip to the courthouse. However,
if the index shows a file concerning Rico McPato, this means little
until the investigator reviews the file to determine whether the
case pertains to the Rico McPato who is the subject of the
investigation. (In one case several years ago we determined
that two separate fellows working at the same plant were
approximately the same age and were unrelated although they were
both named Turner [NMN] Royster, III). Likewise, when a data
base search shows an address for a missing witness, further work is
necessary to determine whether the witness has moved from there, or
perhaps is only using the address as a mail drop, but actually
resides elsewhere.
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