The legitimate basis and content system of social responsibility of data processors
Lu Gefei
School of Civil and Commercial Law, Southwest University of Political Science and Law
Abstract： As the "key figures" in the development of the digital era, data processors hold the core economic engine of data. Whether from the perspective of their internal drive or external expectations, it is justifiable to require them to undertake social responsibilities. The fundamental issues of corporate social responsibility encompass who is accountable, to whom they are accountable, for what, and to what extent. However, the existing legislation evidently responds inadequately to the latter two issues. Therefore, to clarify the basic content of the social responsibilities of data processors, a "two-step approach" should be adopted: Firstly, in terms of the content of responsibility, it should be explicitly stipulated that it is confined to legal and moral responsibilities; Secondly, in terms of the scope of responsibility, a three-level framework of "obligatory actions", "actions within capacity", and "actions based on capabilities" should be constructed. On this basis, by further detailing the specific contents of each level of responsibility, a systematic content system of social responsibility for data processors can be established, providing a beneficial reference for the effective governance of their social responsibilities.
Key words : data processor; social responsibility; legitimate basis; content boundary; content system
