Yes, scraping public data in West Virginia is generally legal, but compliance with state and federal laws is mandatory. Public records under the West Virginia Freedom of Information Act (FOIA) are accessible, yet automated scraping may trigger restrictions if it disrupts access or violates terms of service. The 2026 amendments to the West Virginia Uniform Electronic Transactions Act (UETA) introduce stricter guidelines for automated data collection, emphasizing consent and proportionality.
Key Regulations for Scraping Public Data in West Virginia
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West Virginia FOIA (W. Va. Code § 29B-1-1 et seq.): Public records must be accessible upon request, but large-scale scraping that impedes access or violates agency-specific policies may violate the “reasonable use” doctrine. Agencies can deny requests if automated scraping overloads servers or circumvents rate limits.
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Computer Crime and Abuse Act (W. Va. Code § 61-3C-1 et seq.): Unauthorized access or interference with computer systems—including scraping beyond permitted thresholds—constitutes a misdemeanor or felony, depending on intent and damage. Courts have applied this to cases where scrapers bypass authentication or ignore
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2026 UETA Amendments: Effective January 1, 2026, automated data collection from public records must align with electronic transaction standards, requiring prior notice to data custodians and adherence to structured data formats. Non-compliance risks civil penalties under the West Virginia Consumer Protection Act (W. Va. Code § 46A-6-101 et seq.).