Permissible Uses - What is this page, and why have I come here?
What is this page?
This page allows you to choose a permissible use for compliance with either the "Driver's Privacy Protection Act" (DPPA), the "Gramm-Leach-Bliley Act" (GLBA) or Death Master File (DMF).
You must specify your permissible use before you can run a search that might retrieve restricted personal information. Once you've selected a permissible use, your choice will persist throughout your session. Or, you can change your selection using links on the form.
Why have I come here?
Federal law, in conjunction with your user agreement with LexisNexis®, requires you to have a permissible use in order to view personal information. The applicable laws governing these uses are the Drivers' Privacy Protection Act (DPPA) and related state laws and the Gramm-Leach-Bliley Act (GLBA), as well as law passed to access information that is contained in the Social Security Administration's Death Master File. If you do not have a permissible use, you will not be given access to the personal information.
In addition to complying with these privacy acts, you should understand that, per the Fair Credit Reporting Act (FCRA) (15 U.S.C. sec 1681), the data provided to you by using the LexisNexis products may not be used as a factor in establishing a consumer's eligibility for credit, insurance, employment or other purposes.
There are criminal fines and civil liabilities for knowingly violating the provisions and restrictions of these acts.
For more details, see:
What is the "Driver's Privacy Protection Act" (DPPA)?
The Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.) (DPPA), which became effective September 13, 1997, is a federal law enacted to regulate the release and sharing of personal information — such as name, address, social security number, and driver license number — assembled by Departments of Motor Vehicles (DMVs).
The list of permissible uses appears on the "Permissible Use Certification for Driver's Privacy Protection Act (DPPA)" page.
What is the "Gramm-Leach-Bliley Act" (GLBA)?
The Gramm-Leach-Bliley Act of 1999 (Financial Modernization Act of 1999) (15 U.S.C. 6801 to 6809) ("GLBA"), which became effective November 12, 1999, is a federal law enacted to govern the distribution and use of materials held by financial institutions containing consumers' personal financial information, in conjunction with any similar state laws that may be more restrictive than the GLBA.
The list of permissible uses for GLBA appears on the "Permissible Use Certification for Gramm-Leach-Bliley Act (GLBA)" page.
What is the "Death Master File"?
The SSA (Social Security Administration) receives death records from a number of sources, including but not limited to, family members, funeral homes, hospitals, federal agencies, postal authorities, and financial institutions. The NTIS (National Technical Information Service) disseminates DMF (Death Master File) data on behalf of the SSA. The DMF does not contain a death record for all deceased persons; the absence of a person’s name from the DMF should not be considered proof that the person is alive. Furthermore, the accuracy of the DMF is not guaranteed by the SSA.
Pursuant to a law passed in December 2013 (Section 203 of the Bipartisan Budget Act of 2013 [15 CFR part 1110]), access to information that is contained in the SSA's DMF is limited during a three-year period beginning on the date of an individual’s death. As of March 26, 2014, access during that three-year period is limited to authorized users and recipients who qualify for certification.
The NTIS is now calling the pre-March 26, 2014 file the Open Access Death Master File. They are calling the post March 26, 2014 file the (LADMF) Limited Access Death Master File.
On March 26, 2014, when the Bipartisan Budget Act of 2013 changes took effect, LexisNexis® began to limit access to records of deceased individuals within the LADMF to only those customers with a permissible purpose under the law and who sign a contract addendum with LexisNexis with additional terms and conditions surrounding access to and safeguarding of the LADMF data.
To view data from the DMF, your company must be certified, sign a license agreement with LexisNexis, and adhere to the permissible uses that are outlined in the agreement and its addendum. Two types of DMF data are used. Depending on your certification and signed agreement, you may have access to either or both of the following types of DMF data:
- Open Access DMF. The DMF product made available through LexisNexis, that obtains the data from NTIS, and starting on March 26, 2014, does not include DMF with respect to a deceased individual at any time during the three-year period that begins on the date of the individual’s death.
- Limited Access DMF. A Limited Access (LA) DMF includes DMF data with respect to a deceased individual for a three-year period that begins on the date of the individual’s death and after March 26, 2014. LA DMF is made available through LexisNexis as a Certified Person, by NTIS. The addendum governs the recipient’s access to a DMF data from LexisNexis (or the applicable LexisNexis affiliate), whether full or partial LA DMF records of deceased status, and via any format, including online, XML feed, or in-house file processing through LexisNexis.
The following table describes the possible DMF Permissible Use selections.
| Permissible Use | Description |
|---|---|
|
Legitimate Fraud Prevention |
Recipient has a legitimate fraud prevention interest to detect and prevent fraud or to confirm identities across its commercial business or government activities. |
|
Legitimate Business Purpose Pursuant to a Law, Governmental Rule, Regulation, or Fiduciary Duty |
Recipient has one or more of the purposes permitted under 42 USC 1306c including fraud prevention and ID verification purposes. Recipient’s specific purpose for obtaining LA DMF data is one or more of the following uses:
|