The Right to Data Portability as a Personal Right

The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any l...

Full description

Saved in:
Bibliographic Details
Published inLaws Vol. 13; no. 4; p. 47
Main Authors Laje, Alejandro, Schmidt, Klaus
Format Journal Article
LanguageEnglish
Published Basel MDPI AG 01.08.2024
Subjects
Automation
consent
Consumer protection
Data integrity
data portability
Data processing
data transfer
Freedoms
General Data Protection Regulation
Government agencies
interoperable data formats
Law
legal obligations
Legislatures
Medical records
Personal information
Public interest
Regulation
Right of privacy
Right to know
United States > US
California
Online AccessGet full text

Cover

More Information
Summary:The right to the portability of personal data guarantees the interested party the right to receive personal data that concern themselves. Specifically, data which a person has provided to a ‘data collector’ in a structured format can currently be transmitted to another ‘data collector’ without any legal consequences as long as the original ‘collector’ has received consent either derived via a contract or other means. This data transaction from one ‘collector’ to another is often carried out by automated means; it is easily technically possible and is therefore considered to not negatively affect the rights and freedoms of others. This right to data transfer is guaranteed when it comes to data collected in the public interest or in the exercise of public powers conferred on the ‘collector’. The main precedent to the right to data portability is the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, regarding the protection of natural persons with respect to the processing of personal data and their free circulation, which repeals Directive 95/46/EC (General Data Protection Regulation). In Article 20, this regulation discusses the right to data portability, establishing the basic guidelines for this right. Thus, a new personal right is guaranteed, given the context of the general protection of data. In order to strengthen control over their own data, a natural person must also be allowed to receive data in the same structured way.
ISSN:2075-471X
2075-471X
DOI:10.3390/laws13040047