Yes, scraping public data in Hawaii is generally permitted, but strict adherence to federal and state laws is required. Public records under Hawaii’s Uniform Information Practices Act (UIPA) and federal FOIA may be accessed, yet automated scraping risks violating terms of service or anti-hacking statutes like the Hawaii Penal Code §708-812. Recent 2026 legislative proposals aim to clarify bot restrictions, signaling tightening oversight.
Key Regulations for Scraping Public Data in Hawaii
- Uniform Information Practices Act (UIPA, HRS §92F): Governs access to public records but does not explicitly permit automated scraping. Entities must ensure requests comply with UIPA’s procedural rules, including fee structures and response timelines.
- Hawaii Penal Code §708-812 (Computer Fraud and Abuse): Prohibits unauthorized access to computer systems, which may encompass aggressive scraping that bypasses technical safeguards (e.g., rate limits, CAPTCHAs).
- 2026 Legislative Shifts: Pending bills (e.g., HB2451) propose mandatory registration for web scrapers targeting state databases, with penalties for non-compliance. Agencies like the Hawaii Office of Information Practices (OIP) are drafting guidance to align with these changes.
Scrapers must verify data sources: municipal portals (e.g., City & County of Honolulu’s Open Data) often impose explicit anti-scraping terms. Federal precedents (e.g., hiQ Labs v. LinkedIn) suggest scraping publicly accessible data is lawful unless it violates a site’s terms or circumvents technical barriers. Hawaii’s 2026 framework may further restrict high-volume extraction, necessitating preemptive legal review.