What is a Commercial Use Request? A Comprehensive Legal Overview

Definition & Meaning

A commercial use request refers to a request for information made under the Freedom of Information Act (FOIA) that is intended to benefit the requester's commercial interests. This includes any use that aims to generate profit or advance trade. The request can be made by an individual or on behalf of a business entity. It is important for the FOIA Officer to assess the intended use of the requested information to categorize the request appropriately.

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Legal Use & context

This term is primarily used in the context of the Freedom of Information Act, which governs how federal agencies must respond to requests for information. Commercial use requests are relevant in various legal areas, including administrative law and business law. Individuals or businesses seeking records for commercial purposes may utilize templates available through US Legal Forms to facilitate their requests.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A marketing firm submits a FOIA request for government data on consumer behavior to develop targeted advertising strategies. This request is considered a commercial use request because it aims to generate profit for the firm.

Example 2: A journalist requests information about government contracts for a story but plans to sell the article to a magazine. If the article's purpose is to generate income, this may also be classified as a commercial use request. (hypothetical example)

Relevant laws & statutes

Key statutes include:

Freedom of Information Act (5 U.S.C. § 552) - Governs the disclosure of information held by federal agencies.
11 CFR 9405.2 - Defines commercial use requests within the context of FOIA as it applies to election-related information.

Comparison with related terms

Term	Definition
Commercial Use Request	A FOIA request aimed at furthering commercial interests.
Non-Commercial Use Request	A FOIA request made for personal, educational, or journalistic purposes that do not aim for profit.
Expedited Processing Request	A request for quicker access to information due to urgency, not necessarily tied to commercial interests.

Common misunderstandings

What to do if this term applies to you

If you believe your request falls under the category of a commercial use request, consider the following steps:

Clearly define the purpose of your request and how it relates to your commercial interests.
Use US Legal Forms to find templates that can help you draft your FOIA request effectively.
If your request is complex or you encounter difficulties, consulting a legal professional may be beneficial.

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Quick facts

Typical Fees: Fees may apply based on the request's nature and processing time.
Jurisdiction: Federal agencies under the Freedom of Information Act.
Possible Penalties: Misuse of FOIA can lead to denial of requests or legal consequences.