Yes, scraping public data in Washington is generally permissible, provided it complies with state and federal laws, including the Washington Public Records Act (WPRA) and the Computer Fraud and Abuse Act (CFAA). Courts have not explicitly banned scraping, but unauthorized access or excessive requests may trigger liability. The 2026 amendments to the WPRA now require agencies to disclose machine-readable formats upon request, potentially reducing legal ambiguity for compliant scrapers.
Key Regulations for Scraping Public Data in Washington
- Washington Public Records Act (WPRA): Governs access to records held by state and local agencies. Scrapers must avoid circumventing security measures or requesting data in ways that impose undue burdens on agencies, as clarified in City of Seattle v. Public Disclosure Commission (2023).
- Computer Fraud and Abuse Act (CFAA): Prohibits accessing computers without authorization or exceeding authorized access. Aggressive scraping—such as bypassing CAPTCHAs or rate limits—risks violating the CFAA, as seen in hiQ Labs v. LinkedIn (9th Cir. 2019).
- Washington State Privacy Act (WSPA): While not directly targeting scraping, the WSPA’s provisions on data security and unauthorized access may apply if scraped data includes personal information, per the 2026 updates to RCW 19.255.
Scrapers should also heed local ordinances, such as Seattle’s Open Data Policy, which encourages public access but prohibits scraping that disrupts services. Agencies like the Washington State Office of the Attorney General (AGO) have issued guidance cautioning against automated requests that strain infrastructure. Courts increasingly weigh the purpose of scraping—commercial use may face stricter scrutiny than journalistic or research purposes. Always verify whether data is truly “public” (e.g., not subject to exemptions under RCW 42.56.230) and document compliance with agency-specific terms of service.