Data portability: Definition, challenges, and explanations

Law and Legal
Compliance & Data

What is data portability?

Data portability is a right under the General Data Protection Regulation (GDPR), which came into force in 2018. It consists of allowing any individual to retrieve the personal data they have provided to a data controller in a structured, commonly used, and machine-readable format.

This right aims to give individuals more control over their data, allowing them to easily transfer it from one service to another without technical barriers.

Portability applies only to personal data provided directly by the user and processed automatically. It does not apply to data inferred or calculated by the services.

Why use data portability and what are its benefits?

The main benefit of data portability is that it empowers users by giving them more control over their personal information. It also facilitates the free movement of data between different services and promotes competition in the digital market.

Being able to obtain your data allows you to switch providers or platforms without losing information, which improves transparency and reduces user lock-in.

For companies, respecting this right is a guarantee of compliance and trust with their customers, while meeting the legal obligations imposed by the GDPR.

How does data portability work in practice?

In practical terms, when a user exercises their right to portability, the organization must provide the personal data concerned in a standardized format that facilitates its reuse and transfer.

The most commonly used formats for portability are JSON, CSV, or XML files, which are machine-readable and widely recognized.

The organization may provide the data directly to the individual or, with their consent, transfer the data to another service chosen by the user within a reasonable time frame, generally one month.

What are the advantages and disadvantages of data portability?

Data portability offers several notable advantages. It gives individuals more control over their data, facilitates its transfer between different services, and encourages healthy competition between providers.

In terms of disadvantages, implementing portability can be technically complex and costly for companies, especially when it comes to harmonizing formats and ensuring the security of transfers.

In addition, there are risks related to confidentiality and data protection during transfers, which require strict measures to prevent leaks or unauthorized use.

Concrete examples and use cases of data portability

A common example is social networks, where users can request to retrieve all their data (photos, messages, contacts) in order to transfer it to another platform.

In banking, portability makes it easier to switch banks by allowing customers to automatically obtain their financial data for simplified account reopening.

The healthcare sector also uses portability to enable patients to transfer their digital medical records from one institution to another, ensuring continuity of care.

The best resources and tools for data portability

FAQ

What data can be transferred using data portability?

Only personal data provided directly by the user and processed automatically can be transferred. Data derived or inferred by the service is not covered by this right.

What are the deadlines for obtaining your data?

The organization must provide the data within one month of the portability request, in accordance with the requirements of the GDPR.

Is data portability mandatory for all companies?

Portability is mandatory for companies that process personal data under a contract or consent, and that automate this processing. Certain exceptions may apply depending on the nature of the data and the context.

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