Yes, scraping public data in New Jersey is generally permissible, but strict adherence to state and federal laws is required. Public records under the Open Public Records Act (OPRA) and federal FOIA may be accessed, yet automated scraping risks violating terms of service or computer fraud laws if it disrupts systems or breaches contractual restrictions.
Key Regulations for Scraping Public Data in New Jersey
- OPRA Compliance: Automated scraping must not circumvent OPRA’s fee structures or access protocols; excessive requests may trigger denial under N.J.S.A. 47:1A-5.
- Computer Crime Laws: Violations of N.J.S.A. 2C:20-25 (computer fraud) or N.J.S.A. 2C:20-30 (disrupting services) could apply if scraping overwhelms public databases or violates technical barriers.
- Terms of Service & CFAA: Federal Computer Fraud and Abuse Act (CFAA) risks arise if scraping breaches website terms, as seen in hiQ Labs v. LinkedIn (2019), though New Jersey courts have not yet ruled on analogous cases.
Local enforcement by the New Jersey Division of Consumer Affairs and municipal IT departments has intensified scrutiny on high-volume scrapers, particularly post-2023 guidance aligning with the 2026 NJ Data Transparency Act. Always verify whether data is truly “public” (e.g., court filings vs. redacted records) and avoid scraping personal identifiers protected under N.J.S.A. 47:1A-1.1.