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This article comments on the recent case law developments in the European Union (EU) and the US relating to the scraping of personal data. The Polish Data Protection Authority Decision in Bisnode and the US hiQ v LinkedIn judgment show that the practice of scraping not only raises different legal problems in the two jurisdictions but also brings about different (and possibly conflicting) approaches to the regulation of scraping. The discrepancy lies in the difference between the American “right to privacy” and the European “protection of personal data”. Moreover, the EU and the US give different weight to commercial interests of data scrapers, as compared to the rights of individuals. Finally, from a procedural point of view, the two systems grant different positions to individual data subjects as opposed to the data controllers and processors. The different approaches to scraping reflect a broader disagreement on the approach to data protection, which slowly reaches its limits and creates a division in the otherwise boundaryless digital world.
