Introduction to Data Portability under GDPR

With the implementation of the General Data Protection Regulation (GDPR) in March 2018, individuals gained new rights over their personal data. Among these, the Right to Data Portability is a crucial aspect that enables users to obtain the data they have provided to a controller in a machine-readable format and to transmit this data to another controller.

The Right to Data Portability: A Brief Overview

The GDPR states that individuals have the right to receive their personal data in a structured, commonly used, and machine-readable format. This right allows individuals to:

Access their data at any time Request a copy of their data to be transferred to another entity Make informed decisions about their data sharing and privacy preferences

This article delves into the practical implications of this right, who can exercise it, and the steps involved in exercising this privilege.

Who Can Exercise the Right to Data Portability?

The right to data portability applies to personal data processed based on the individual's consent or for the performance of a contract. Essentially, if you have provided personal data to a company and that company uses it for these purposes, you have the right to ask for a copy of that data in a portable format.

While the right to data portability is not limited to any specific industry, it is particularly relevant for companies dealing with personal data, such as social media platforms, eCommerce sites, and financial institutions.

How to Exercise Your Right to Data Portability

Exercising your right to data portability is a straightforward process. Here are the key steps:

1. Identifying the Right Company

The first step is to identify the company you wish to exercise this right against. Common suspects include Facebook, Google, and Amazon, but it applies to any company that holds your personal data.

2. Understanding Your Options

Under the GDPR, companies are required to provide you with a convenient way to make such a request. This might be through an online form, a phone call, or an email. Ensure you have all the necessary information ready, such as your name, contact details, and the specific data you want to obtain.

3. Submitting the Request

Follow the company's instructions to submit your request. It's crucial to be clear and concise in your request. For example, you might want to specify which data you are interested in, such as purchase history, contact information, or account details.

How Companies Handle Data Portability Requests

Once a request is submitted, companies have a set timeframe to address it. Typically, the standard is within one month of receiving the request. However, in complex cases, this period can be extended to two months.

Upon receiving your request, companies must provide the personal data in a structured, machine-readable format. This ensures that you can easily use or share your data with other entities if you wish to do so.

Practical Examples of Using Data Portability

The practical applications of data portability are vast. For instance:

From Finance to Finance: You can transfer your banking information from one bank to another without manually re-entering all your details. From Social Media to Social Media: Moving your personal information from one social network to another without losing any of your content. From Fitness to Fitness: Transferring your health and fitness data from one wearable device or app to another without the need for a clunky import process.

Challenges and Considerations

While the right to data portability is empowering, it is not without challenges. Some issues to consider include:

Data Completeness: Some data might not be available due to privacy settings or lack of access. Data Formatting: The data might not be perfectly structured or machine-readable, which can complicate further use. Business Practices: Some companies might delay or refuse to comply due to their business needs.

However, GDPR provides enforcement mechanisms and frameworks to ensure companies comply with these rights.

Conclusion

The right to data portability is a powerful tool that empowers individuals to take control of their personal data. By understanding and exercising this right, you can ensure your data is secure and accessible. Whether you are transferring your data to a new service or seeking to have it deleted, the GDPR provides a clear framework for your rights.