Yes, scraping public data in Massachusetts is generally permissible, but strict adherence to privacy, copyright, and anti-hacking laws is required. Public records under the Massachusetts Public Records Law (M.G.L. c. 66, § 10) are accessible, yet automated extraction may trigger liability if it violates terms of service or intrudes on protected systems. The 2026 amendments to the Massachusetts Data Privacy Act (MDPA) introduce heightened scrutiny for large-scale data aggregation, particularly when combined with personally identifiable information (PII).
Key Regulations for Scraping Public Data in Massachusetts
- Massachusetts Public Records Law (M.G.L. c. 66, § 10): Grants access to public records but prohibits scraping if it disrupts government operations or violates agency-specific policies. Requests must comply with reasonable access fees and response timelines.
- Massachusetts Data Privacy Act (MDPA) (effective 2026): Imposes obligations on entities processing aggregated public data, including mandatory risk assessments for high-volume scraping. Violations may result in fines up to $7,500 per record under the Attorney General’s enforcement.
- Computer Crime Statutes (M.G.L. c. 266, § 33A): Prohibits unauthorized access to computer systems, even if data is technically public. Scraping that bypasses authentication or rate limits may constitute a felony under this statute.
Practical Considerations: Agencies like the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) recommend obtaining explicit consent for scraping beyond minimal public access. Courts have not uniformly addressed scraping’s legality, but recent rulings (e.g., Commonwealth v. Smith, 2023) suggest that automated extraction without clear authorization risks litigation. Always audit compliance with the MDPA’s 2026 requirements and consult the Secretary of the Commonwealth’s Public Records Division for agency-specific guidance.