Yes, scraping public data in Michigan is generally permissible, but strict adherence to state and federal laws is required to avoid liability. Public records under the Michigan Freedom of Information Act (FOIA) are accessible, yet automated scraping may trigger restrictions if it disrupts government systems or violates terms of service. The Michigan Department of Technology, Management & Budget (DTMB) has signaled heightened scrutiny of high-volume data requests post-2024, emphasizing compliance with cybersecurity protocols.
Key Regulations for Scraping Public Data in Michigan
- Michigan FOIA (MCL 15.231–15.246): Permits access to public records but prohibits scraping that interferes with government operations or exceeds reasonable request limits. Agencies may deny automated requests if they impose undue burdens.
- Computer Fraud and Abuse Act (CFAA) Compliance: Michigan courts have not explicitly ruled on web scraping under the CFAA, but federal precedent (e.g., hiQ Labs v. LinkedIn) suggests scraping publicly accessible data is lawful unless it violates terms of service or employs unauthorized access.
- DTMB Cybersecurity Directives (2025–2026): Mandates that scrapers implement rate-limiting and IP blocking evasion controls to prevent disruptions to state digital infrastructure. Non-compliance may result in IP blacklisting or legal action under MCL 445.72.
Critical Considerations:
- Terms of Service: Many Michigan municipalities (e.g., Detroit, Grand Rapids) prohibit scraping in their website policies, creating potential breach-of-contract risks.
- Personal Data Protections: Scraping datasets containing personally identifiable information (PII) may violate the Michigan Identity Theft Protection Act (MCL 445.61–445.71), triggering civil penalties.
- Local Ordinances: Some counties (e.g., Washtenaw) have enacted data-use restrictions for municipal portals, requiring prior written consent for automated extraction.