Ask a lawyer:
Can you be sued for scraping another website in Kenya?
M-Wakili's Response
The legality of web scraping in Kenya is not explicitly defined by any specific law. However, the practice can be assessed through the lens of existing legal frameworks and principles.
1. Legal Considerations
Data Protection: The Data Protection Act, 2019, governs the processing of personal data in Kenya. Web scraping that involves collecting personal data, such as names, addresses, or contact information, must comply with the Act's provisions. This includes obtaining consent, ensuring data security, and limiting data collection to legitimate purposes.
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Copyright Law: The Copyright Act, 2001, protects original works of authorship, including website content. Scraping copyrighted material, such as text, images, or videos, without permission from the copyright holder could constitute copyright infringement.
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Terms of Service: Websites often have terms of service that restrict or prohibit web scraping. Violating these terms could lead to legal action.
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Computer Misuse and Cybercrime Act: The Computer Misuse and Cybercrime Act, 2018, addresses unauthorized access to computer systems. While not directly addressing web scraping, it could be relevant if the scraping method involves unauthorized access or breaches security measures.
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2. Case Laws
HiQ Labs, Inc. v. LinkedIn Corp. (2022): This case, decided in the United States, involved a company scraping public profiles from LinkedIn. The Ninth Circuit Court of Appeals ruled that automated scraping of publicly accessible data likely does not violate the Computer Fraud and Abuse Act (CFAA). While not directly applicable to Kenyan law, it provides a precedent for the argument that scraping publicly available data may not be illegal.
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Ng’ang’a t/a Mwandunga Commercial Agencies v Equity Bank (Kenya) Ltd & Another (2023): This case involved a dispute over a charge on property. While not directly related to web scraping, it highlights the importance of adhering to legal frameworks and contractual obligations in Kenya.
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3. Ethical Considerations
Even if web scraping is not explicitly illegal in Kenya, it is crucial to consider ethical implications. These include:
Respecting Website Owners: Scraping websites should be done in a way that minimizes impact on their performance and resources.
Data Privacy: Personal data should be handled responsibly and in accordance with data protection laws.
Transparency: It is ethical to inform website owners about your scraping activities, especially if you are collecting large amounts of data.
4. Conclusion
While there is no specific law in Kenya that explicitly prohibits web scraping, the practice can be subject to legal and ethical considerations. It is essential to understand the relevant laws, terms of service, and ethical guidelines to ensure that your web scraping activities are compliant and responsible.
Answered by mwakili.com