Civil Liability of the State for Obstructing Access to Data and Digital Systems: A Perspective from English Law

Abstract

With the expansion of e-government, accessibility to governmental data and digital systems has become one of the significant manifestations of citizens’ rights. Nevertheless, in certain cases, due to administrative decisions, security considerations, or technical deficiencies, individuals’ access to these systems is restricted or blocked, which may result in damage. This situation raises the issue of the civil liability of the state for obstructing digital accessibility in tension with the principle of state immunity. The present study adopts a descriptive–analytical and comparative approach to examine the civil liability of the state for preventing access to data and digital systems from the perspective of English law. The findings indicate that, within English law, through doctrines such as misfeasance in public office, administrative negligence, and the development of the concept of a duty of care, it has become possible to hold public authorities liable where unjustified restrictions on digital access are imposed. It is concluded that limiting state immunity and recognizing civil liability for unjustified obstruction of access to data and digital systems can contribute to enhanced accountability, transparency, and effective protection of citizens’ digital rights.