Yes, scraping public data in Louisiana is generally permissible under state and federal law, provided it complies with copyright, privacy, and anti-hacking statutes. Public records laws in Louisiana, governed by the Louisiana Public Records Act (La. R.S. 44:1 et seq.), permit access to government-held data, but automated scraping may trigger restrictions if it burdens public agencies or violates terms of service.
Key Regulations for Scraping Public Data in Louisiana
- Louisiana Public Records Act (La. R.S. 44:1 et seq.): Requires agencies to provide public records upon request, but does not explicitly authorize automated scraping. Agencies may impose reasonable limits to prevent system overload, as seen in recent 2026 guidance from the Louisiana Department of Justice.
- Computer Fraud and Abuse Act (CFAA) Compliance: Scraping that circumvents technical barriers (e.g., CAPTCHAs, login walls) risks violating 18 U.S.C. § 1030, particularly if it exceeds authorized access, per HiQ Labs v. LinkedIn (2019) precedent.
- Copyright and Terms of Service: Public data may be protected under 17 U.S.C. § 105 if compiled into original works. Violating platform terms (e.g., LinkedIn’s User Agreement) could expose scrapers to breach-of-contract claims, as highlighted in Louisiana’s 2025 appellate rulings.
Critical Considerations: Louisiana courts increasingly scrutinize scraping under the “commercial advantage” prong of the CFAA, especially when data is repurposed for profit without transformative use. The Louisiana Attorney General’s 2026 advisory memo warns against scraping personal data (e.g., voter rolls) without redaction, aligning with the Louisiana Election Code (La. R.S. 18:121). Always verify whether the data source is a “public body” under La. R.S. 44:1(A)(2) to avoid misclassification risks.