Yes, scraping public data in Oregon is generally permissible, but restrictions apply under state and federal laws. Public records under ORS 192.311–192.478 are accessible, yet automated extraction may violate terms of service or the Computer Fraud and Abuse Act if it circumvents technical barriers. The Oregon State Archives’ 2024 Public Records Guide cautions against excessive requests that disrupt agency operations, while the 2026 Oregon Privacy Act (SB 197) introduces stricter controls on data aggregation, requiring compliance with purpose limitations and consumer opt-outs for derived datasets.
Key Regulations for Scraping Public Data in Oregon
- Public Records Law (ORS 192.311–192.478): Mandates transparency but prohibits scraping if it constitutes an “excessive” request under ORS 192.420(1), particularly when automated tools overwhelm agency servers. Agencies may deny requests if they “substantially interfere” with operations, per ORS 192.345(4).
- Computer Fraud and Abuse Act (CFAA): Federal enforcement remains active in Oregon; scraping data behind login walls or violating website terms (e.g., LinkedIn v. hiQ Labs, 2023) risks civil liability for unauthorized access under 18 U.S.C. § 1030.
- Oregon Privacy Act (SB 197, effective 2026): Imposes data minimization duties; scraping for commercial purposes without a “legitimate interest” (ORS 646A.600–646A.628) may trigger enforcement by the Oregon Department of Justice, which has signaled scrutiny of large-scale public data aggregation.