Ethical and Legal Complexities of Web Scraping Under GDPR

There is a vast amount of data available on the internet. It's always beneficial to begin with a truly profound insight. Isn't it?

In the past, companies could easily obtain large volumes of data with almost reckless abandon. However, in today's landscape where data protection is paramount, careless data acquisition can lead to serious legal repercussions.

Let's explore what the technique called web scraping with PHP headless browser involves and how we can utilize it while adhering to data protection standards in today's environment.

What Is Web Scraping ?

In essence, web scraping is the process of extracting data from websites. There are numerous motivations for doing so, ranging from gathering personal information to copying content into Word for future reference.

While web scraping can be performed manually through copying and pasting, it is less common due to its inefficiency. One advantage of manual scraping is its ability to evade automated defenses put in place to prevent scraping activities.

The majority of web crawling activities are automated through various technologies, and the following are some techniques to accomplish this.

Using Google Sheets

This technique is widely popular due to the widespread usage of Google. Once data is in Sheets, users can employ the IMPORTXML function to extract data from a website. A particularly useful feature of Google Sheets is its ability to assess whether your website is resistant to scraping.

Vertical Data Mining

This technique is typically used by companies with significant computing resources. These agents focus on specific verticals, deploying bots to gather all relevant data. The effectiveness of these bots is subsequently assessed based on the quality of the mined data.

Parsing Technique

This technique can involve HTML or DOM parsing. HTML parsing is a swift JavaScript technique that extracts details such as text and links. DOM parsing, however, concentrates on XML file content to gather information about the page's structure, including node layout and content. XPath can be employed to retrieve entire web pages.

XPath Data Retrieval

Also referred to as XML Path Language, this method operates on XML documents to locate data nodes. As previously mentioned, when combined with DOM parsing, XPath becomes a potent technique for retrieving entire web pages and redistributing them on another site.

These methods represent the primary approaches to conducting web scraping. Now, let's shift our focus to the data protection environment.

GDPR：General Data Protection Regulation

This legislation has caused significant challenges for data professionals worldwide. To be fair, it should be noted that GDPR has also provided crucial data privacy and peace of mind to individuals and companies to an extraordinary extent. However, if you operate within the data industry, you would have undoubtedly encountered substantial restrictions imposed by GDPR.

GDPR establishes regulations governing the handling of data pertaining to citizens of the EU and the UK.

The main principles of GDPR include ensuring that data acquisition is lawful, fair, and transparent. Data must have a clear purpose for collection, and only the necessary amount should be gathered. Accuracy of the data is crucial, and it should only be retained for as long as necessary for its intended use.  Additionally, data handlers must take responsibility for its security.

Indeed, while understanding GDPR can be complex, a fundamental takeaway regarding web scraping is that explicit permission is mandatory for data acquisition and processing, which is a predetermined requirement.

This is crucial because when conducting a web scrape that involves personal identifiable information (PII) of EU or UK citizens, you are restricted from utilizing that data unless you obtain explicit permission from those individuals. Seeking permission transforms what might have seemed like a straightforward process into a considerably more complex one.

Now, let's explore what steps you can take to ensure compliance with GDPR provisions.

Web Scraping in Compliance with GDPR

Here are the methods by which you can justify scraping of personal data.

1. Consent Acquisition

So, this method was mentioned above. If you have obtained consent from the individual to conduct that specific procedure, you can move forward. Acquiring online authorization can clearly expedite proceedings, making it valuable to understand how to create an electronic signature in Word.

Nevertheless, it's important to recognize that this approach can demand significant manpower and might consequently delay the overall process. Fortunately, there are alternative methods available, each with their specific conditions.

2. Contractual Agreement

If you have a contractual agreement with an individual that necessitates data processing, you are authorized to proceed with scraping, given that the requirement to access data is clearly specified in the terms of the contract.

3. Legal Responsibility

If data access is required to fulfill a legal obligation, conducting a web scrape is permissible. However, it is necessary to inform the individual in such cases.

4. Emergency Data Access

If there is an urgent necessity to access data, such as to save someone's life, you might be able to justify your web scraping activities. However, it would likely require legal expertise to navigate effectively.

5. Public Interest Access

If accessing data is in the public interest or an integral part of your responsibilities as a public official, you may have justification for conducting a scrape. It remains important, however, to inform the subject in such cases.

6. Legitimate Data Access

This scenario is tricky. If you can show that accessing the data served your legitimate interests, scraping may be permissible. It's crucial to meticulously define your business processes to fully justify the necessity.

However, if it's demonstrated that this action infringed upon the individual's fundamental rights or interests, it could lead to legal repercussions. The advisable course of action? Consult with a lawyer!

Self-consideration questions

Before initiating a web scrape, consider the following questions to ensure compliance with regulations.

Is the Data I'm Scraping Sensitive?

An important point to mention is that GDPR categorizes certain data as sensitive, such as ethnic origin and political opinions. If you plan to scrape this data, it's essential to have impeccable consent procedures and a strong justification for its use.

Have I Scraped PII?

PII refers to any data that can directly or indirectly identify an individual. Examples include obvious identifiers like name, address, payment card details, email address, etc. Even with images, such as a HEIC file intended for conversion to PDF, it's essential to ensure there is no PII present.

If the data does not contain any PII, then you are compliant.

Should I Consider the Location of the Content I'm Scraping?

GDPR applies to the EU, the UK, and several other territories including Iceland and Norway. Crucially, compliance is determined by the action taken and the individuals affected, rather than the location of the company.

In essence, if you conduct an action in the US that involves acquiring and processing the PII of a UK citizen, GDPR compliance is mandatory.

Have I Verified IP Consent?

According to GDPR, IP addresses are classified as personally identifiable information (PII). Therefore, if you are using any EU residential proxies for your scraping activities, you must obtain consent from the owner of those proxies.

Have I Established a Legal Justification?

Refer to the justifications mentioned previously.

Final Pointers to Consider

Web scraping can indeed present challenges. Here are some final pointers to assist you in obtaining the correct data ethically and efficiently.

Watch Out for Misinformation

Some believe that if personally identifiable information (PII) data is publicly accessible, it can be scraped for any purpose.

However, this is not the case. When individuals submit their details to platforms like review sites, they do so with specific intentions in mind. They have not consented to their information being scraped by others for purposes like product promotion mailouts.

It's also important to exercise caution with intellectual property. Accessibility does not justify unauthorized scraping or use of content without considering intellectual property rights.

When to Inform About Doubts

In most instances, it is necessary to inform data subjects about the usage of their data. When in doubt, it is advisable to prioritize transparency. Therefore, even if you believe there is a compelling reason to use the data, provide the subject with an update. This notification can also be retroactive if time constraints are a concern.

Respond promptly

Data Subject Access Rights (DSAR) mandate disclosing information about an individual promptly upon request.

In case of a breach, it should be reported without delay. There is no benefit in attempting to conceal it. If the breach is likely to jeopardize an individual’s fundamental privacy rights, authorities must be notified within three days.

Let's Start Scraping

Now that you know what to do, it's not as daunting as it may seem. Ensure you understand what data you are scraping and why, and take measures to obtain permission when required. Additional information about GDPR is readily available online if you need more details.

Remember, just because data is accessible doesn't mean it belongs to you. There are regulations to follow, so adhere to them to ensure your scraping practices are compliant.

In summary, scrape responsibly to scrape safely!