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Open content licensing of public sector information and the risk of tortious liability for Australian Governments

Foong, Cheryl (2010) Open content licensing of public sector information and the risk of tortious liability for Australian Governments. eLaw Journal, 17(2).

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Abstract

There has been an increasing interest by governments worldwide in the potential benefits of open access to public sector information (PSI). However, an important question remains: can a government incur tortious liability for incorrect information released online under an open content licence? This paper argues that the release of PSI online for free under an open content licence, specifically a Creative Commons licence, is within the bounds of an acceptable level of risk to government, especially where users are informed of the limitations of the data and appropriate information management policies and principles are in place to ensure accountability for data quality and accuracy.

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ID Code: 42572
Item Type: Journal Article
Keywords: creative commons, open content, psi, public sector, information , crown copyright , tort, liability, risk , information management , negligence
ISSN: 1321-8247
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > Research Centres > ARC Centre of Excellence for Creative Industries and Innovation
Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Creative Industries and Innovation
Copyright Owner: Copyright 2010 Cheryl Foong
Deposited On: 14 Jul 2011 10:33
Last Modified: 26 Aug 2011 11:57

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