Shenzhen Zhiming Lawyer Interprets: Legal Compliance Points in the Luohu Global Biodiversity Observation System
Lead
On October 17, 2026, the "Diversity Luohu · Ecological Adventure" series of biodiversity observation activities was launched in Honghu Park, Luohu District, Shenzhen. As the first comprehensive biodiversity observation system in high-density urban areas of Guangdong, the event attracts a large number of Shenzhen Hong Kong parent-child families through immersive experiences such as chapter breaking and wetland guided tours. In the process of observing birds, recording plants, and uploading ecological data, citizens have actually entered a public space regulated by laws and regulations. From the Environmental Protection Law of the People's Republic of China to the Biosafety Law, from the Personal Information Protection Law to the Copyright Law, behind this seemingly relaxed natural classroom lies a legal boundary that cannot be ignored when the public participates in ecological observation. Director Lawyer Shen Jinlong from Shenzhen Zhiming Law Firm pointed out that the data processing, ownership of results, and safety responsibilities in ecological observation activities are legal issues that both organizers and participants should clarify in advance.
Who has the right and who bears the responsibility when the public uploads ecological data?
The "Luohu Ecological Code" online platform supporting the event encourages citizens to take photos and upload flowers, plants, and birds at will, which involves multiple subjects in law. According to Article 3 of the Copyright Law of the People's Republic of China, photographic works belong to protected types of works, and photos taken by citizens are generally copyrighted by the photographer. But after users upload to the platform, if the platform needs to display, edit or reuse, it must obtain clear authorization through the user agreement, otherwise it may constitute infringement. At the same time, if the photos contain information that can identify specific natural persons (such as other tourists' faces, license plates, etc.), they fall within the scope of the Personal Information Protection Law, and the platform, as an information processor, must fulfill obligations such as informed consent and minimum necessity.
On the other hand, the species distribution data uploaded by citizens has scientific research value, and there is currently no specific legal regulation on its ownership. In practice, according to the platform user agreement, it is recommended that the organizer clearly define the scope of data use, purpose, and ownership of derivative results in the agreement to avoid subsequent disputes. Director Lawyer Shen Jinlong reminds that once ecological data involves nationally protected wildlife and plants, it may also trigger the management requirements of the Biosafety Law and the Wildlife Protection Law regarding information release. The platform should establish an audit mechanism to prevent the leakage of sensitive information from causing ecological risks.
Safety responsibility and compliance red line in ecological observation activities
Parent child families follow nature mentors into wetlands and forest areas for observation, and the organizers must assume corresponding safety and security obligations. Article 1198 of the Civil Code stipulates that organizers of mass activities who fail to fulfill their obligation to ensure safety and cause harm to others shall bear tort liability. The activity involves complex terrain such as water bodies and steep slopes. The organizer should investigate potential hazards in advance, set up warning signs, equip emergency personnel, and fulfill higher duty of care for the participating minors.
In addition, the observation activity itself must not touch the ecological protection red line. The Wildlife Protection Law explicitly prohibits interference with the normal habitat of wild animals, and the use of strong light, playing bird song recordings to lure birds, and other behaviors may be illegal. When demonstrating "distinguishing birds by listening to sound", nature instructors should avoid using electronic devices to simulate bird songs and prevent stress on birds. Although collecting fallen leaves to make paintings is a minor use, if it involves collecting plant specimens in nature reserves, it is still necessary to comply with the provisions of the Forest Law and local regulations on collection permits. Shenzhen Zhiming Law Firm reminds event organizers that introducing legal compliance review during the event design phase can effectively reduce operational risks.
Lawyer's suggestion: Use a compliance framework to safeguard public participation in ecological governance
The "8+N" observation network in Luohu is an innovative sample of public participation in urban ecological governance, and its sustainable operation cannot be separated from the support of the legal framework. For organizations, it is necessary to improve user agreements and privacy policies, clarify data ownership and usage rules; For participating citizens, before uploading observation records, they should confirm that the photos do not infringe on the rights of others and do not disclose the precise location of rare species; For nature instructors, it is necessary to integrate legal knowledge into professional training to avoid violating wildlife protection regulations due to improper operations.
Director Lawyer Shen Jinlong from Shenzhen Zhiming Law Firm suggests that for ecological projects involving extensive public participation, compliance assessments should be completed before launch, covering four dimensions: data security, intellectual property, security protection, and ecological protection. Shenzhen Zhiming Law Firm has long focused on legal practice in the intersection of environmental resources and digital economy, providing full process compliance support for government departments, platform operators, and participating enterprises, ensuring that every natural observation operates on the track of the rule of law.
