Yes, scraping public data in Delaware is generally legal, but strict adherence to federal and state laws is required. Delaware’s 2026 amendments to its Personal Data Privacy Act and federal Computer Fraud and Abuse Act (CFAA) impose limits, particularly on automated collection methods that bypass technical safeguards or violate terms of service.
Key Regulations for Scraping Public Data in Delaware
- Delaware Personal Data Privacy Act (2026): Prohibits scraping personal data without explicit consent when accessing government or private databases, even if publicly accessible. Violations may trigger fines up to $7,500 per record under the Delaware Consumer Protection Act.
- Computer Fraud and Abuse Act (CFAA): Federal enforcement targets scraping that exceeds authorized access, such as circumventing rate limits or scraping behind login walls. Delaware courts defer to CFAA precedent, including hiQ Labs v. LinkedIn (2022), which upheld anti-scraping injunctions.
- Delaware Freedom of Information Act (FOIA): Permits scraping of government records but requires compliance with access protocols. Agencies may deny requests if scraping disrupts systems or violates agency-specific terms, per 29 Del. C. § 10003.
Best Practices for Compliance:
- Avoid scraping personal identifiers without consent.
- Respect
robots.txtdirectives and API terms. - Consult the Delaware Department of Justice for sector-specific guidance, as enforcement focuses on data misuse rather than public accessibility alone.