Yes, scraping public data in New Hampshire is generally permissible, but compliance hinges on adherence to state and federal laws, including the New Hampshire Right to Know Law (RSA 91-A) and the Computer Fraud and Abuse Act (CFAA). Courts have not explicitly banned scraping, yet unauthorized access or data extraction methods violating terms of service or automated access limits may trigger liability. The 2026 amendments to RSA 91-A, effective January 1, strengthen transparency requirements for public records, indirectly impacting scraping practices by clarifying permissible access methods.
Key Regulations for Scraping Public Data in New Hampshire
- New Hampshire Right to Know Law (RSA 91-A): Requires government entities to provide public records upon request, but does not explicitly authorize bulk or automated scraping. Entities may impose reasonable access restrictions to prevent system overload or unauthorized data extraction.
- Computer Fraud and Abuse Act (CFAA): Prohibits accessing computer systems without authorization or exceeding authorized access. Scrapers must avoid circumventing technical barriers (e.g., CAPTCHAs, rate limits) to mitigate CFAA exposure.
- Terms of Service and Automated Access Policies: Public agencies and third-party platforms hosting public data may enforce terms prohibiting scraping. Violations could result in cease-and-desist orders or legal action under breach of contract theories.
Scrapers must distinguish between publicly available data and public records under RSA 91-A. The former may be scraped unless restricted by platform policies, while the latter requires compliance with access procedures. The New Hampshire Attorney General’s Office, through its 2025 guidance on digital transparency, emphasizes that excessive or disruptive scraping may be deemed an abuse of access rights. Entities should consult local counsel to align practices with evolving interpretations of RSA 91-A and CFAA.