The Tension Between Data Scraping and Data Protection in an AI-Driven World

While data scraping is not a new phenomenon, the use of it – especially on publicly accessible websites, including social media platforms – to drive the training of general-purpose AI models requires the activity to occur on an unprecedented scale. In this guest article, London-based Ropes & Gray partner Rohan Massey and trainee solicitor Cameron Grabowski explore the legal landscape applicable to data scaping in the E.U. and U.S., discuss possible scraping defenses and offer practical takeaways. See our two-part series on scraping battles: “Meta Loses Legal Effort to Halt Harvesting of Personal Profiles” (Feb. 21, 2024), and “Global Privacy Regulators Urge Safeguards to Stop Data Scraping” (Mar. 6, 2024).

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