Is Web Scraping Legal in Minnesota After the 2026 Framework Overhaul?

Yes, web scraping is legal in Minnesota if conducted without violating federal or state laws, such as the Computer Fraud and Abuse Act (CFAA) or Minnesota’s data privacy statutes. However, unauthorized access to protected systems or scraping personal data without consent may trigger liability under the Minnesota Uniform Trade Secrets Act (MUTSA) or the Minnesota Government Data Practices Act (MGDPA). Businesses must also comply with the 2026 amendments to the Minnesota Consumer Data Privacy Act (MCDPA), which impose stricter controls on automated data collection.


Key Regulations for Web Scraping in Minnesota

  • Computer Fraud and Abuse Act (CFAA): Prohibits accessing computer systems without authorization, which may apply if scraping circumvents technical barriers like CAPTCHAs or login requirements. Violations can result in civil and criminal penalties under 18 U.S.C. § 1030.

  • Minnesota Uniform Trade Secrets Act (MUTSA): Protects proprietary data from unauthorized extraction. Scraping trade secrets—even from public sources—may constitute misappropriation if the data was obtained through improper means (e.g., deception or breach of confidentiality).

  • Minnesota Consumer Data Privacy Act (MCDPA) (effective 2026): Requires businesses scraping personal data to provide transparency notices, honor opt-out requests, and avoid processing sensitive data without explicit consent. Non-compliance risks fines up to $7,500 per violation under Minn. Stat. § 325M.10.

  • Minnesota Government Data Practices Act (MGDPA): Restricts scraping of government-held data unless the requester qualifies under public records exemptions. Unauthorized bulk extraction may violate Minn. Stat. § 13.03, subd. 1.

Practical Considerations: Always review a website’s robots.txt file and Terms of Service (ToS) before scraping. Minnesota courts have not yet ruled on scraping disputes, but federal precedents (e.g., hiQ Labs v. LinkedIn) suggest scraping publicly available data is permissible unless it violates contractual or statutory restrictions. Consult the Minnesota Attorney General’s Office for guidance on emerging enforcement trends.