What is the right to data portability?
Posted on 3rd July 2020 at 16:28
Probably the least known of the individual rights is the right to data portability and what this does is gives individuals the right to receive personal data they have provided to a business in a structured, commonly used and machine readable format like excel or csv. It also gives them the right to request that a business transmits this data directly to another business.
The right to data portability only applies when:
your lawful basis for processing this information is consent or for the performance of a contract; and
you are carrying out the processing by automated means (ie excluding paper files).
Sometimes the personal data an individual has provided to you will be easy to identify (eg their mailing address, username, age).
What is an individual entitled to?
Sometimes the personal data an individual has provided to you will be easy to identify (eg their mailing address, username, age). However, the meaning of data ‘provided to’ you is not limited to this. It is also personal data resulting from observation of an individual’s activities (eg where using a device or service).
The right to data portability entitles an individual to:
receive a copy of their personal data; and/or
have their personal data transmitted from one business to another business.
Individuals have the right to receive their personal data and store it for further personal use.
What are the limits when transmitting personal data to another business?
Individuals have the right to ask you to transmit their personal data directly to another business without hindrance. If it is technically feasible, you should do this.
You should consider the technical feasibility of a transmission on a request by request basis.
Without hindrance means that you should not put in place any legal, technical or financial obstacles which slow down or prevent the transmission of the personal data to the individual, or to another organisation.
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