Yes, scraping public data in Kentucky is generally legal, but strict adherence to federal and state privacy laws is required. Public records under the Kentucky Open Records Act (KORA) are accessible, yet automated extraction may trigger Computer Fraud and Abuse Act (CFAA) or copyright concerns. The Kentucky Attorney General’s 2024 guidance emphasizes compliance with data minimization and anti-scraping clauses in terms of service.
Key Regulations for Scraping Public Data in Kentucky
- Kentucky Open Records Act (KORA, KRS 61.870–61.884): Mandates disclosure of public records upon request, but prohibits scraping if it circumvents reasonable access fees or disrupts government operations. Automated requests exceeding “reasonable” frequency may violate KORA’s implied duty of good faith.
- Computer Fraud and Abuse Act (CFAA, 18 U.S.C. § 1030): Prohibits accessing systems without authorization or exceeding permitted access. Scraping websites with clear “no-bot” terms may constitute unauthorized access, particularly if it overloads servers, as seen in Sandvig v. Barr (2022) rulings.
- Copyright Law (17 U.S.C. § 101 et seq.): Public data may be protected if compiled into a copyrighted database (e.g., court records). The Sixth Circuit’s ProCD v. Zeidenberg (1996) precedent suggests scraping such databases without permission risks infringement, even if underlying data is public.
Local enforcement remains fragmented; the Kentucky Department for Libraries and Archives (KDLA) advises data requesters to consult municipal policies, as counties like Jefferson and Fayette impose additional restrictions on bulk data extraction. Entities must also align with the 2026 Kentucky Privacy Act draft, which may introduce stricter data-handling obligations for scraped public information.