Disclaimer: This article is for general informational purposes only. It does not constitute legal advice and may not apply in all jurisdictions. The information below reflects interpretations of U.S. law (particularly the Ninth Circuit) as of the 24th of October 2025. Users are responsible for ensuring that their data collection and automation practices comply with all applicable laws, data-protection obligations, and platform terms.
If you’ve ever wondered whether PhantomBuster is legal to use for LinkedIn automation, you’re not alone. Thousands of professionals search “is LinkedIn scraping legal” every month and the short answer is that in most jurisdictions, scraping publicly visible data can be lawful when done responsibly.
In this article, we’ll break down what the law says, what recent court rulings mean for LinkedIn scraping, and how PhantomBuster helps you stay compliant while automating responsibly.
Key takeaways
- Web scraping may be considered lawful in some jurisdictions when it targets publicly visible data and complies with applicable laws and platform terms of service. Accessing restricted information or bypassing security controls can, however, lead to legal exposure under laws such as the CFAA.
- Court rulings such as hiQ Labs, Inc. v. LinkedIn Corp. have interpreted certain scraping of public LinkedIn data as permissible in specific U.S. contexts. These interpretations are not universal, and numerous jurisdictions have not yet rule on the matter.
- LinkedIn can ban you or restrict your account if your activity violates its terms of service, such as making excessive requests or bypassing security measures, so using tools that respect limits and follow normal human behavior is key to staying safe.
- PhantomBuster is built to support compliant, transparent automation by helping users collect and process publicly available data while staying within the law and platform guidelines.
- Using PhantomBuster, you can responsibly scrape publicly accessible LinkedIn data, including profile details, LinkedIn activity, and user engagement.
- Here’s how to automate LinkedIn data scraping while staying compliant:
- Respect users’ privacy by only scraping publicly accessible data: Focus on publicly accessible data and avoid collecting sensitive or private information, which can violate laws like GDPR or LinkedIn’s terms of service. Tools like PhantomBuster only work with public data, helping you stay within legal boundaries.
- Only scrape data from your own LinkedIn account: This keeps your scraping transparent and within LinkedIn’s rules, while scraping with fake accounts or bypassing restrictions can lead to serious consequences.
- Imitate human behavior by spreading your data-scraping actions: Spread out actions like profile visits and connection requests. LinkedIn monitors for unusual patterns, so spreading tasks over time mimics natural activity and reduces risks.
- Start slow and warm up your LinkedIn account: Build trust gradually, and you won’t raise red flags. Begin with light actions, like a few profile views or connection requests, and increase over time.
- Respect the recommended rate limits for LinkedIn data scraping: LinkedIn sets limits to prevent spam-like behavior. Keep these limits in mind so you don’t cross the line.
We leverage PhantomBuster to strategically build and cultivate relationships with targeted personas for our B2B influencers. The platform enables us to precisely identify prospects by their LinkedIn job titles and roles, and then create personalized connection requests at scale. Our results speak volumes—acceptance rates that are 5-10x higher than other approaches. – Patrick Spencer, VP at Kiteworks
Is scraping data legal?
Web scraping powers much of the modern internet. It’s how Google indexes content, how researchers gather insights, and how AI models like GPT are trained.
So scraping in itself isn’t unusual or unlawful. It’s a standard method for accessing and analysing publicly available information.
Where it gets complex is how that data is accessed and what’s done with it.
Scraping is often lawful when:
- You access data that’s publicly visible without bypassing security controls (like CAPTCHAs)
- You comply with data-protection laws (like GDPR)
It becomes risky when scraping involves private or restricted data, uses fake accounts, or processes personal information without a legal basis.
In short, data scraping itself isn’t inherently illegal. Its legality depends on the method used and the type of data accessed.
PhantomBuster operates firmly within the responsible end of that spectrum: enabling users to automate access to data that’s already visible to them, without violating privacy obligations.
What is the Computer Fraud And Abuse Act (CFAA)?
When people ask whether scraping is legal, the CFAA is the law most often mentioned. Legal experts, including Fenwick & West, have clarified that automated access to publicly visible data does not violate the CFAA’s “unauthorised access” clause, as long as no logins or barriers are bypassed.
In Europe, web scraping falls under a different set of rules. The main frameworks are data-protection laws like the GDPR and intellectual-property laws such as the EU Database Directive. The GDPR applies whenever scraped data can identify a person, even if that data is publicly visible. This means anyone processing such data must have a lawful basis, such as legitimate interest, and respect principles like data minimisation and transparency. Meanwhile, the EU Database Directive protects databases that involve significant investment, meaning large-scale extraction could infringe database rights if it affects the database’s commercial value.
Both U.S. and European law focus on how, why, and at what scale data is collected — not whether scraping happens at all. Transparent, proportionate collection of public data is generally considered acceptable, provided privacy and security standards are respected. Problems arise when data is collected at excessive scale, or reused in a way that undermines privacy or intellectual-property rights.
This section is for informational purposes only and is not legal advice. PhantomBuster is designed to support responsible automation by focusing on data you can already access.
Is scraping LinkedIn data legal?
Scraping LinkedIn data has been the focus of major legal debate, but the verdict is clearer than most think. According to legal analysis from Fenwick & West LLP, U.S. courts have confirmed that scraping publicly available LinkedIn profiles does not violate the Computer Fraud and Abuse Act (CFAA), provided no login or private access barriers are bypassed.
In short, scraping publicly visible LinkedIn data has been viewed as lawful in the U.S. when done transparently and within reasonable limits. This interpretation is supported by court rulings like hiQ Labs, Inc. v. LinkedIn Corp., though practices may vary in other regions.
hiQ Labs, Inc. v. LinkedIn Corp court decision
The hiQ Labs v. LinkedIn case is one of the most influential legal decisions shaping how web scraping is understood today. The Ninth Circuit reaffirmed that scraping publicly accessible LinkedIn profiles, those that anyone can view without logging in, does not amount to “unauthorised access” under the CFAA. Legal commentary from Fenwick & West summarises the decision as confirmation that public web data can be collected without breaching federal anti-hacking laws.
The court noted that exceeding a platform’s terms of service alone may not constitute a criminal violation under the CFAA, though it could still raise contractual or civil issues. So while hiQ narrows criminal liability in the U.S., it doesn’t create a blanket right to scrape.
Can you get banned from scraping LinkedIn?
Yes. Even if scraping public data may not necessarily break criminal law, LinkedIn’s Terms of Service prohibit automated scraping. The platform actively monitors for this and can restrict or permanently ban accounts that engage in automation.
LinkedIn flags activities like:
- Making too many requests or profile visits too quickly (especially from cold accounts)
- Using fake or multiple accounts
- Attempting to bypass rate limits or CAPTCHAs
Most bans occur when users engage in spam-like or abusive behaviour. When automations are well-paced and mimic normal activity, bans are extremely rare. LinkedIn typically issues warnings or temporary restrictions first, such as messages about “unusual activity” or “too many automated actions.” In most cases, permanent bans only occur when users continue high-volume, spam-like behaviour after repeated alerts.
Thousands of professionals rely on PhantomBuster’s automation every day for sales, marketing, and research. The platform is designed with built-in pacing, rate limits, and activity controls to keep users within safe, natural thresholds. When used correctly, these safeguards significantly reduce the risk of triggering LinkedIn’s detection systems.
The best approach is to take any early warnings seriously, slow down your activity, and ensure your automations reflect normal human behaviour. Responsible use is almost always enough to maintain account stability and long-term safety.
Is PhantomBuster legal?
Yes, PhantomBuster is legal to use when operated responsibly, and trusted by more than two million professionals across 100+ countries.
Shubh Agrawal, Head of Growth at Valley: PhantomBuster is an engine that can keep running itself instead of me having to hire a person and do it manually. I think you can automate it at least at 80% and save some time.
PhantomBuster has spent nearly a decade helping sales, marketing, and data teams automate responsibly. The company has built industry-leading safeguards that align with global privacy standards such as the GDPR and CCPA. It helps users automate access to publicly available information in ways that respect privacy, transparency, and data-minimisation principles.
Importantly, PhantomBuster does not sell, share, or resell user data, and it does not enable access to private or restricted information. Users maintain complete control over their own data and accounts.
To ensure safe and ethical use, PhantomBuster has implemented systems to detect and prevent illegal or abusive scraping behaviour. These include monitoring mechanisms, product-level restrictions, and enforcement policies designed to stop unauthorised or exploitative activity.
The platform includes built-in safety measures such as authentication controls, usage limits, and activity pacing to ensure that automations stay within acceptable and responsible boundaries.
While PhantomBuster is built to encourage GDPR-compliant, ethical data collection, the responsibility for lawful use always remains with the user. Each customer must ensure that their automation activities align with applicable laws and data-protection obligations.
What types of LinkedIn data does PhantomBuster scrape?
PhantomBuster helps you stay compliant by focusing on scraping publicly visible information available to you through your own LinkedIn account.
Here are some examples of the types of scraped data you can collect using PhantomBuster:
- LinkedIn profile data: Extract names, job titles, connection degree, locations, and companies from public LinkedIn profiles. You can also scrape profiles from other platforms, such as Sales Navigator.
- Activity on LinkedIn: You can extract every post, plus the number of likes and comments from a list of LinkedIn profiles.
- List of people engaging with a specific company’s content: Identify LinkedIn users interacting with a company’s posts.
How to automate LinkedIn data scraping while staying compliant
Scraping LinkedIn data can save you time, increase productivity, and help you reach your goals faster, but it can have ethical and legal implications.
Being compliant isn’t just about avoiding trouble. It’s also about keeping your LinkedIn account safe and working ethically. We actively encourage users to respect LinkedIn rate limits, as we are aligned with LinkedIn’s commitment to fight against spam.
PhantomBuster makes this easier with tools designed to work responsibly. Let’s break this down so you know exactly what to do.
Only scrape data through your own LinkedIn account
This one is critical. Always use your real LinkedIn account to scrape data, whether you have a free or paid account.
Why? It keeps things transparent and ensures you’re only collecting information you’re allowed to see.
PhantomBuster integrates directly with your LinkedIn account. Unlike other web scrapers, it doesn’t use fake accounts or throwaway profiles.
Instead, it helps you automate tasks like visiting profiles, gathering profile data, or engaging with posts with your own account.
Imitate human behavior by spreading your data-scraping actions
If you’ve ever scrolled LinkedIn, you know that no one visits 500 profiles or sends 200 connection requests in five minutes.
LinkedIn monitors activity for patterns and actions that look robotic or excessive, which can trigger warnings—or worse, bans.
Spacing out your actions makes them look natural, which is crucial for keeping your account in good standing.
PhantomBuster lets you set delays between actions and schedule tasks throughout the day.
This creates a pattern that feels human, ensuring your automation blends in seamlessly.
Start slow and warm up your LinkedIn account
When you start automating, less is more. A new or inactive LinkedIn account can’t suddenly handle heavy activity, it will raise suspicions.
Establish a slow pace for your LinkedIn automation with small tasks, like a few connection requests or profile visits, and gradually increase as your account becomes more active.
PhantomBuster makes this easy with tools that allow you to scale up safely.
You can start slow and increase your actions over time, keeping your account activity natural.
This approach builds trust with LinkedIn and lowers the risk of being flagged.
Respect the recommended rate limits for LinkedIn data scraping
Every platform has limits, and LinkedIn is no exception. Whether it’s the number of connection requests you can send or the number of profiles you can visit, these limits prevent spammy behavior.
Ignoring them puts your account at risk, no matter how careful you are with other aspects of automation.
PhantomBuster includes recommended settings to help you stay within LinkedIn’s rate limits.
These guidelines take the guesswork out of automation and ensure you stay productive without crossing any lines.
The goal is to keep your account safe, minimise spam, and still help you generate revenue.
FAQs
Is PhantomBuster legal?
Yes, PhantomBuster is legal when used responsibly. It automates the collection of publicly available LinkedIn data without bypassing security measures or accessing private information. We actively encourage users to respect LinkedIn rate limits, as we are aligned with LinkedIn’s commitment to fight against spam.
Is scraping LinkedIn data legal?
Scraping publicly available LinkedIn data is generally legal under U.S. law, as courts have ruled it does not violate the Computer Fraud and Abuse Act (CFAA). However, legality depends on how scraping is conducted and compliance with platform terms and privacy laws.
Can you get banned for scraping LinkedIn?
Yes, LinkedIn can ban or restrict accounts that engage in unauthorized or excessive scraping activities. To minimize risk, users should follow best practices such as respecting rate limits, using their own accounts, and mimicking human behavior during scraping.
Conclusion
Scraping publicly available data is both common and, when done responsibly, we believe legally defensible. PhantomBuster helps you do it safely, transparently, and at scale.
Built for compliance and growth, PhantomBuster gives you the tools to automate smarter, stay compliant, and save hours every day. Start your free trial today.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The legality of data scraping may vary depending on jurisdiction, data type, and method of access. Always consult a legal professional before engaging in web scraping activities.