Web scraping to collect personal data can pose significant legal and ethical risks, particularly when it involves professional networking sites or other platforms where terms of service (ToS) explicitly prohibit such activity. To limit liability, the software company must take proactive measures to comply with applicable laws (such as privacy laws) and contractual obligations (e.g., terms of use on the scraped websites).
Adding a notice to the company website's terms of use would be the least effective action, as it does not address the legal and ethical issues associated with scraping data from third-party websites. Simply adding a notice about the company's use of scraping does not mitigate liability for violating the ToS of professional networking websites or violating privacy rights under laws like the GDPR or CCPA.
Explanation of Options:
A. Following the terms of use posted on professional networking websites that are scraped:This is one of the most effective ways to limit legal liability. Violating ToS can result in lawsuits or legal penalties, so adhering to them is critical.
B. Adding a notice to the company website's terms of use disclosing the use of web scraping:This is the least effective action. Including this notice on the company's own website does not address potential violations of third-party website ToS or the privacy rights of affected individuals.
C. Limiting the amount of the personally identifiable information they collect:Minimizing the amount of data collected aligns with data protection principles, such as data minimization under the GDPR, and can reduce privacy risks.
D. Deidentifying the scraped data before selling it to any third parties:Deidentifying or anonymizing data is a critical step for reducing legal liability and complying with privacy laws. However, the company should also ensure that the deidentification is robust and irreversible.
References from CIPP/US Materials:
GDPR Article 5: Establishes principles such as data minimization and accountability for data processing.
IAPP CIPP/US Certification Textbook: Highlights the risks of web scraping and the importance of adhering to contractual obligations and privacy laws.
