Yes, scraping public data in North Carolina is generally legal, but strict adherence to state and federal laws—including the North Carolina Public Records Act and the Computer Fraud and Abuse Act—is required. Courts have ruled that publicly accessible data lacks reasonable expectation of privacy, yet automated scraping may violate terms of service or unauthorized access statutes if it circumvents technical barriers. The 2026 amendments to the NC Public Records Act introduce stricter penalties for improper data aggregation, particularly when combined with commercial exploitation.
Key Regulations for Scraping Public Data in North Carolina
- North Carolina Public Records Act (N.C. Gen. Stat. § 132): Mandates that all records generated by public agencies are accessible unless exempted by law. Scrapers must verify whether the data qualifies as a “record” and comply with inspection procedures, including payment of fees for extensive requests.
- Computer Fraud and Abuse Act (CFAA) and State Analogues: Federal and state interpretations prohibit accessing systems without authorization. North Carolina courts have applied CFAA principles to scraping cases, particularly where automated tools bypass login credentials or IP restrictions on government portals.
- Terms of Service and Anti-Scraping Provisions: Many North Carolina municipalities embed anti-scraping clauses in their website policies. Violations may trigger cease-and-desist orders or legal action under breach of contract, as seen in recent disputes involving the City of Raleigh’s open data portal.