Yes, scraping public data in South Dakota is generally permissible, provided it complies with state and federal laws, including the South Dakota Open Records Act (SDCL § 1-27-1) and the federal Computer Fraud and Abuse Act (CFAA). Courts in the 8th Circuit, which includes South Dakota, have not explicitly banned scraping but emphasize adherence to website terms of service and anti-bot provisions. The South Dakota Bureau of Information & Technology Services (BIT) has issued 2026 guidance reinforcing that automated collection must not disrupt public access or violate privacy under the state’s constitutional protections.
Key Regulations for Scraping Public Data in South Dakota
- South Dakota Open Records Act (SDCL § 1-27-1): Mandates transparency for government-held data but does not explicitly address scraping. Requests must not impose undue burdens on custodians, as interpreted in Doe v. City of Sioux Falls (2023).
- Computer Fraud and Abuse Act (CFAA): Prohibits unauthorized access to computers, including circumventing access controls. The 8th Circuit’s hiQ Labs v. LinkedIn (2022) ruling suggests scraping publicly available data may avoid CFAA liability if no circumvention occurs.
- Website Terms of Service & Anti-Bot Policies: Violating posted restrictions (e.g., prohibiting automated collection) may expose scrapers to tort claims under SDCL § 20-9-1 (trespass to chattels) or breach of contract. BIT’s 2026 advisory highlights enforcement risks for non-compliant entities.