Yes, scraping public data in Ohio is generally permissible, but strict compliance with state and federal laws is required. Ohio’s public records law (Ohio Revised Code § 149.43) mandates transparency, yet prohibits automated scraping that disrupts government systems or violates terms of service. The Ohio Auditor of State’s 2024 Open Records Compliance Guide emphasizes that excessive requests or bypassing rate limits may trigger liability under the Ohio Computer Crimes Act (§ 2901.01 et seq.). Federal precedents, such as hiQ Labs, Inc. v. LinkedIn Corp. (2019), further support scraping public data, provided it avoids circumvention of technical barriers.
Key Regulations for Scraping Public Data in Ohio
- Ohio Public Records Law (ORC § 149.43): Requires government entities to provide public records upon request, but does not explicitly authorize automated scraping. Agencies may impose reasonable limits to prevent system overload.
- Ohio Computer Crimes Act (ORC § 2901.01 et seq.): Prohibits unauthorized access or disruption of computer systems. Scrapers must avoid actions that trigger § 2913.04 (computer trespass) or § 2909.07 (disrupting public services).
- Federal CFAA & Case Law: The Computer Fraud and Abuse Act (CFAA) may apply if scraping circumvents access controls (e.g., CAPTCHAs or login walls). Courts increasingly weigh hiQ’s “public benefit” rationale but defer to platform terms of service.
Practical Compliance Notes:
- Rate Limiting: Adhere to agency-imposed request thresholds to avoid triggering § 2909.07.
- Terms of Service: Violating platform ToS (e.g., LinkedIn’s 2023 Scraping Policy) may invite CFAA claims, even for public data.
- Local Oversight: The Ohio Attorney General’s 2025 Digital Compliance Bulletin warns that municipal governments may adopt stricter scraping policies post-2026.