QuestionQ163

State Privacy Laws

A software company plans to use web scraping to obtain personal data from professional networking websites to train an artificial intelligence program that evaluates job applications. The company has identified several actions to limit its potential legal liability to affected data subjects and professional networking websites. Which of the following actions would be least effective in helping it do so?

  • A Following the terms of use posted on professional networking websites that are scraped.
  • B Adding a notice to the company website’s terms of use disclosing the use of web scraping.
  • C Limiting the amount of the personally identifiable information they collect.
  • D Deidentifying the scraped data before selling it to any third parties.
Explanation

Publishing a notice in the company’s own terms of use that it performs web scraping does not itself establish a lawful basis for processing personal data, fulfill privacy obligations to affected individuals, or overcome the scraped websites’ terms of use. By contrast, honoring those websites’ terms, collecting less personally identifiable information, and deidentifying data before third-party sale each more directly reduce relevant legal exposure.

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