Yes, web scraping is legal in Kentucky when conducted within federal and state legal boundaries, but unauthorized access or data misuse violates laws. Kentucky aligns with federal precedents, including the Computer Fraud and Abuse Act (CFAA) and Kentucky’s Uniform Trade Secrets Act (KUTSA), which prohibit scraping protected data without authorization. Recent 2026 amendments to Kentucky’s data privacy statutes (KRS 367.880–367.899) introduce stricter consent requirements for commercial scraping, requiring businesses to disclose data collection purposes to users.
Key Regulations for Web Scraping in Kentucky
- Computer Fraud and Abuse Act (CFAA): Prohibits accessing computer systems without authorization, including bypassing technical barriers (e.g., CAPTCHAs or login walls). Violations may result in civil penalties or criminal charges under 18 U.S.C. § 1030.
- Kentucky Uniform Trade Secrets Act (KUTSA): Protects proprietary data from unauthorized scraping if the information derives independent economic value from secrecy. Misappropriation under KRS 365.880–365.900 may trigger injunctions or damages.
- 2026 Kentucky Data Privacy Amendments: Mandates explicit user consent for commercial scraping of personal data. Businesses must register data collection activities with the Kentucky Attorney General’s Office (KYAG) and provide opt-out mechanisms under KRS 367.885.
Scraping publicly available data remains permissible unless it violates terms of service or circumvents access controls. However, Kentucky courts increasingly scrutinize scraping activities under the Van Buren v. United States (2021) precedent, which limits CFAA liability to breaches of “access authorization.” Entities should audit scraping practices against KYAG’s 2026 guidance to mitigate enforcement risks.