Documentation, Informaiton & Knowledge ›› 2023, Vol. 40 ›› Issue (5): 58-67,126.doi: 10.13366/j.dik.2023.05.058

• Academic Focus(1): Operation and Use of Public Data • Previous Articles     Next Articles

The Duty of Care in the Public Data Users

YANG Zhong, YI Lei   

  1. Intellectual Property College of Xiangtan University, Xiangtan, 411105
  • Online:2023-09-10 Published:2023-10-22
  • Contact: Correspondence should be addressed to YANG Zhong, Email:, ORCID:0000-0002-6669-3642
  • Supported by:
    This is an outcome of the project "Research on the Scientific Theory of Smart Judicial Science and the Technical Supporting Technology of Judicial Reform" (2020YFC0832400)supported by a grant from the National Key R&D Program of China and the Key Project "Research on the System of Assessing the Security Risks of Important Data in China"(22A0091)supported by a grant from scientific research program of Hunan Provincial Department of Education of China in 2022.

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