Right to data portability

What is portability of data? The right to data portability applies: 1. Where the processing is based on the individual’s consent or for the performance or a contract. The second and third conditions are relatively self-explanatory, but it’s less clear exactly what personal data is ‘given to’ a data controller. However, inferred or “subsequent analysis of that data”, such as the outcome of a health assessment, is out of scope. See full list on itgovernance.

As with all data subject rights under the GDPR, when an individual exercises their right to data portability , they do so “without prejudice to any other right”. A data subject can continue to benefit from the data controller’s service after the right to data portability has been exercise but doing so doesn’t alter the data controller’s rights or obligations. Data portability doesn’t automatically trigger the right to erasure and it doesn’t affect the original retention period of the data. The data subject can exercise their rights as long as the data controller is still processing the data. The GDPR is a complex law, and data subject rights are just one part.

Those who want to learn more about how the Regulation will affect them should read EU General Data Protection Regulation – A Compliance Guide. This free green paper provides an overview of the key changes introduced by the GDPR and how you can prepare for them. Article (1) or point (a) of Article (2) or on a contract. Right to object, data portability ? To start off, let us give you an example. Try putting yourself in your customers’ shoes for a moment.

Most often you’ll simply grumble and stay with the providers you’re using, even if they’re subpar. The reason is simple: their convenience stems from the time they save you. And they save you time because they have lots of your data, which makes them convenient. Do you know what happens when services have too much data?

Switching to another provider would mean you’d have to waste hours, possibly even daysof your precious time to set up your contacts, ads or transfer your e-mail archive to another s. The new piece of legislation, the General Data Protection Regulation (GDPR), will require all companies that collect personal data to answer data portability requests and transfer the data to other services (or to the data subject). It will apply both to large and to small companies. The principle is straightforward.

Upon receiving the request, companies have a month to reply. In the request, they can specify the new data controller (service provider) to whom your company will have to transfer the data. Note that the individual does not have to do this outright. This should be possible since the GDPR encourages the use of common, interoperable data formats.

Thus, in theory, it should be a breeze to switch service providers. Users will no longer be tied to a servicejust because their data is there. The latter case is manifestly unfair, and it does not benefit anyo. Overall, the right to data portability is a very important right that essentially ensures the right to a free choice of service providers without much hassle.

That way, users will always be able to use the services which suit them the best, and companies can find it easier to attract new users. The overall quality level of services should improve, which is beneficial for everyone involved. Moreover, we need to realize that, with for instance the IoT (Internet of Things) we really sti.

We already covered the right to data portability in our articles on GDPR compliance and on data subject rights. However, it’s important to take a deeper dive as data portability is not just new but the GDPR Articles and GDPR Recitals do use confusing language in the scope of this new right whereby the terms aren’t exactly clearly defined (which is undoubtedly related with the fact that it’s new). So, it also doesn’t come as a surprise that among the first (not legally binding) guidelines of th. It is clear that the right to data portability does not cover all personal data. However, when personal data do not fall under the right to data portability, they of course can still fall under the right to access.

What’s important here is that the data subsets they can receive both related to data they have provided to the data controller but also certain data that the controller lawfully collected by having their systems track data subject activity. The WP Guidelines on data portability el. However, as mentione this right to data portability is not absolute and is subject to restrictions or, the other way, around only can be invoked when specific conditions are met, which are covered in the rest of that first paragraph of GDPR Article 20. So, here are those conditions under which the right to data portability can be exercised: 1. Just as is the case for all data subject rights, the exercise of the right to data portability happens without any prejudice to another data subject right.

Paragraph of Article 2 among others mentions the right to erasure, a. Exercising the right to data portability in the context of the relationship with the right to erasure, among other means that: 1. In several circumstances, enabling the right to data portability isn’t indeed the easiest of GDPR rights to make possible. More information with regards to the right to data portability can of course also be found when searching the official GDPR Articles and GDPR Recitals. Your right to data portability You have the right to get your personal data from an organisation in a way that is accessible and machine-readable , for example as a csv file. You also have the right to ask an organisation to transfer your data to another organisation. It allows data subjects to move, copy or transfer.

The regulation applies to data processors, whether inside or outside the EU, if they process data on individuals who are physically located within an EU member state. This is referred to as the right to data portability. Within the data portability right is the right to “receive,” or downloa data.

The Act, in general, requires that companies establish a mechanism to export data , but does not require a company to import data or impose any requirements on importing data.