There is a carve out if the data is "publicly available": https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn

There is a carve out if the data is "publicly available": https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn If I open the Safeway app and it fetches what is available in a given store without any authentication and everyone sees the same data, that could possibly fall under that exemption.