Yes, scraping public data in Montana is generally legal, but strict adherence to federal and state privacy laws is required. Publicly accessible information—such as government records under the Montana Public Records Act (MPRA)—may be scraped unless restricted by copyright, terms of service, or privacy statutes like the Montana Constitution’s privacy protections.
Key Regulations for Scraping Public Data in Montana
- Montana Public Records Act (MPRA, MCA § 2-6-1001 et seq.): Permits access to government-held data but prohibits scraping if it interferes with agency operations or violates confidentiality provisions.
- Computer Crime and Abuse Act (MCA § 45-6-311): Prohibits unauthorized access to computer systems, including aggressive scraping that bypasses technical barriers (e.g., CAPTCHAs or rate limits).
- Copyright Law (17 U.S.C. § 101 et seq.): Federal copyright protections apply; scraping copyrighted public records (e.g., digitized historical documents) without permission may constitute infringement.
Scrapers must avoid:
- Automated extraction that disrupts public agency websites (e.g., excessive requests triggering Montana’s Government Technology Services Division enforcement).
- Re-identification risks under Montana’s Health Records Privacy Act (MCA § 50-16-501), which shields personal health data even in public datasets.
- Terms of Service violations for third-party platforms hosting public data (e.g., county GIS portals), where scraping may violate contractual restrictions.
Recent 2026 shifts include heightened scrutiny by the Montana Department of Administration on automated data collection, with proposed amendments to MPRA clarifying “excessive demand” thresholds for scrapers. Consult local counsel to align with evolving interpretations of MCA § 2-6-1003 (agency discretion to deny requests).