关键词: 公共数据, 公共数据使用者, 注意义务, 公共数据开放, 数字经济

Abstract: [Purpose/Significance] The study on the duty of care in the use of public data aims to provide guidelines for the legitimate use of public data by users. [Design/Methodology] Based on the normative analysis and literature research, according to the general theory of the duty of care, this study analyzed the legitimacy of the duty of care of public data users, the method of judging the subject of duty, the legal responsibility for violating the duty, and the limitations and principles of fulfilling the duty. [Findings/Conclusion] The duty of care of public data users is in line with the purpose of opening public data in China, conforms to the special nature of public data and the inherent requirements of relative rights and obligations. The judgment of the subject of the duty needs to be integrated with the existence of the action of using public data, the predictability of the danger accompanying with the use of public data, the foreseeable danger's proximity to the actor and the public policy. The violation of the duty of care will bear civil liability and administrative liability, but it also depends on the limits and principles of performance. [Originality/Value] The duty of care of public data users is systematically elaborated, which would provide a reference for possible future public data legislation to regulate the use of public data.

Key words: Public data, Users of public data, Duty of care, Open public data, Digital economy