Is Scraping Public Data Legal in Arkansas After the 2026 Framework Overhaul?

Yes, scraping public data in Arkansas is generally permissible, provided it complies with state and federal laws, including the Arkansas Freedom of Information Act (FOIA) and the Computer Fraud and Abuse Act (CFAA). Public records accessible without authentication or restrictive terms may be scraped, but automated collection must avoid overburdening government systems or violating terms of service.


Key Regulations for Scraping Public Data in Arkansas

  • Arkansas FOIA (Ark. Code Ann. § 25-19-101 et seq.): Mandates public access to government records but does not explicitly address scraping. Requests must not disrupt operations or access non-public data.
  • CFAA (18 U.S.C. § 1030): Prohibits unauthorized access to computer systems. Excessive scraping that bypasses rate limits or triggers security measures may violate this statute.
  • Local Government Policies: Some Arkansas municipalities (e.g., Pulaski County, Little Rock) impose data-use restrictions via IT policies or API terms, requiring adherence to avoid legal exposure.

Critical Considerations:

  • Rate Limiting: Aggressive scraping may trigger anti-bot defenses, potentially constituting unauthorized access under CFAA.
  • Personal Data: Scraping records containing personally identifiable information (PII) without redaction risks violating Arkansas’s identity theft laws (Ark. Code Ann. § 5-37-227).
  • Terms of Service: Violating platform-specific terms (e.g., county websites) could lead to breach-of-contract claims, even if data is public.

2026 Compliance Shift: Arkansas’s 2025 legislative session introduced HB 1502, which may expand FOIA protections for digital records, requiring future alignment with evolving standards. Monitor updates from the Arkansas Attorney General’s Office for enforcement trends.