Legal Attributes and Liability of the Authorized Operation of Public Data
Authorized operation of public data is a crucial component of public data openness and possesses legitimacy.It encompasses two models of authorization:unified and decentralized,corresponding to state-owned capital operation companies and franchise operations,respectively.Public data franchising faces several challenges,including unclear scope of public data authorization,ambiguous range of authorized entities,and undefined liability mechanisms.Regarding the scope of public data authorization,a standardized flow should be established,comprising four stages of"data collection—data registration—data authorization—data circulation".In terms of the range of authorized entities,only operating institutions with public welfare attributes and strong development capabilities should be granted operational rights.Concerning the liability mechanism,if the original public data are involved in infringement,the public sector should bear contractual liability.If the authorized enterprise infringes upon third-party legal rights due to its own reasons,it should bear tort liability.In cases where both scenarios overlap,the public sector and the authorized enterprise should bear proportional joint liability.
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