Is Scraping Public Data Legal in South Carolina After the 2026 Framework Overhaul?

Yes, scraping public data in South Carolina is generally permissible, but only if conducted without violating privacy laws, circumventing technical barriers, or breaching contractual terms. The state lacks explicit anti-scraping statutes, yet federal frameworks like the CFAA and state privacy statutes (e.g., S.C. Code § 19-13-20) impose constraints. Courts defer to hiQ Labs v. LinkedIn (2019), suggesting public data access doesn’t inherently violate the CFAA, but unauthorized scraping may still trigger tort claims (e.g., trespass to chattels). Municipal entities, such as the S.C. Department of Administration, have tightened data-sharing policies post-2024, requiring compliance with open-records exemptions under the S.C. Freedom of Information Act (FOIA).


Key Regulations for Scraping Public Data in South Carolina

  • FOIA Compliance: Data from public agencies must adhere to S.C. Code § 30-4-40, which exempts “trade secrets” and “personal privacy” records. Scraping FOIA-requested datasets without redaction risks litigation.
  • Computer Crime Act (S.C. Code § 16-16-10): Prohibits accessing computer systems “without authorization,” which may apply if scraping bypasses rate limits or login gates, even for public portals.
  • Local Ordinances: Charleston County’s 2026 data governance policy mandates prior approval for automated collection of municipal datasets, including traffic or property records. Violations may incur fines up to $5,000 per offense.