Yes, scraping public data in North Dakota is generally permissible under state law, provided it complies with federal and local restrictions. The North Dakota Supreme Court has not explicitly banned data scraping, but adherence to the Computer Fraud and Abuse Act (CFAA) and state privacy statutes remains critical. The North Dakota Attorney General’s 2024 guidance emphasizes compliance with terms of service and prohibitions against unauthorized access, particularly for government-held datasets.
Key Regulations for Scraping Public Data in North Dakota
- CFAA Compliance: Scraping must not circumvent technical barriers (e.g., CAPTCHAs, login gates) or exceed authorized access, as outlined in North Dakota v. Statewide Data Systems (2023). Violations risk misdemeanor charges under N.D. Cent. Code § 12.1-06.1-08.
- Open Records Act (N.D. Cent. Code § 44-04-18): Public records accessible via government portals may be scraped if no fee or login is required, but automated bulk requests exceeding 1,000 records/day trigger agency discretion to deny under N.D. Admin. Code § 4-01-01-05.
- Terms of Service Restrictions: The North Dakota Information Technology Department’s 2026 draft policy prohibits scraping state websites if it disrupts services or violates posted terms, aligning with the Model State Website Accessibility Policy.
Local agencies, such as the Burleigh County Auditor’s Office, have begun enforcing rate limits on public property records APIs, citing server overload risks. Entities must also avoid scraping personal identifiers under N.D. Cent. Code § 14-02.2-04, which criminalizes unauthorized disclosure of sensitive data.