Sorry for the delayed reply.
Yes, there have been a few instances of users not applying the taxonomic or geographic filters correctly. Some cases are definitely user error, e.g. the person who only wanted fern data and applied for records of all species! Others may not be an error, e.g. the person who was interested in otters in Yorkshire but downloaded all otter records for the UK - they may have wanted all UK data as context for their study, or they may have wanted to filter the data geographically themselves in GIS as this offers more functionality than the Gateway filters. We'll give some thought to whether the download/access request wizard can be made clearer - although I'm sure there will always be scope for user error.
The download logs definitely do only get triggered when a user downloads records from YOUR dataset. This doesn't necessarily mean that they used your records, they may have downloaded them, then filtered them out. Users may filter out data post-download for a number of reasons, e.g. if it is too coarse resolution for their purpose.
You certainly can e-mail users who have downloaded your data, or applied for better access to your data, to ask for more information about how they intend to use the records etc.
However, it's hard to say whether or not it's inappropriate use purely on the basis of the download log - in the NI swifts case you're referring to, the user claimed to be a consultant but actually works for RSPB. She selected the wrong use category.
Let's see how things progress, it's still early days and people are getting used to the new system. Some users are making mistakes in selecting filters and choosing use categories from the dropdown list, but also a lot of users are doing it correctly. We'll keep monitoring this and see what we can do to reduce the capacity for error.