Yes, scraping public data in Alabama is generally legal, but compliance hinges on adherence to state and federal laws, including the Alabama Open Records Act and the Computer Fraud and Abuse Act. Courts have not explicitly banned scraping, yet unauthorized access or use of data may trigger liability under evolving interpretations of “exceeds authorized access.” The Alabama Department of Archives and History enforces record retention policies, while the 2026 legislative session may introduce stricter data-handling mandates for public entities.
Key Regulations for Scraping Public Data in Alabama
- Alabama Open Records Act (AORA): Public records are accessible upon request, but automated scraping may conflict with “excessive” or “disruptive” requests under § 36-12-40. Agencies may impose reasonable limits to prevent server overload.
- Computer Fraud and Abuse Act (CFAA): Unauthorized access to government databases—even if data is publicly viewable—could violate § 18 U.S.C. 1030 if scraping bypasses authentication or terms of service.
- Local Government Policies: Municipalities like Birmingham and Huntsville have adopted open data portals with usage restrictions; scraping without explicit permission may violate municipal ordinances or API terms.
Scrapers must verify whether data is truly “public” (not merely accessible) and avoid circumventing technical barriers. The Alabama Supreme Court’s 2023 Ex parte State ex rel. Baxley ruling underscored that public records are not inherently “public domain,” cautioning against indiscriminate aggregation. Entities should consult the Alabama Ethics Commission for guidance on commercial use of scraped data, as revenue generation may trigger disclosure requirements under § 36-25-1 et seq.