Odpovědnost poskytovatele otevřených dat za škodu vyplývající z chyb v poskytovaných datových sadách
| Title in English | Legal responsibility of an Open Data provider for damage caused by errors in provided datasets |
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| Authors | |
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Správní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | open data; liability for damage caused by an or incorrect official procedure; liability for damage |
| Attached files | |
| Description | Presented paper is concerned with a specific case of liability of the state and municipalities for correctness of provided information in the form of Open Data. Providing of Open Data brings a number of advantages, including a possibility of further use of PSI’s economic potential and enhancement of public control over public sector bodies. However, Open Data providers have to deal with numerous problems during the publication, including intellectual property rights and data protection. Last but not least, there is a risk of legal liability for a damage caused by a factual error in the provided dataset. Presented paper focuses on this aspect and offers an analysis from points of view of both Open Data provider and Open Data receiver. The hypothesis is that providing of open data containing incorrect information constitutes an incorrect official procedure in the meaning of Act No. 82/1998 Sb., on Liability for Damage Caused in the Execution of Public Authority by a Decision or Incorrect Official Procedure and Amending The Czech National Council Act No. 358/1992 Sb., on Notaries and their Activities (The Code of Notarial Practice). The paper is reworked version of a paper presented at the Dny Prava 2015 and Cofola 2016 Conferences. It is a part of the prepared rigorous thesis on Legal Aspects of Open Data in the Czech Republic. |
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