Definitions #
The legal right of an individual to receive a copy of their personal data in a machine-readable format and to transfer it to another service provider.
Technical Under Article 20 of the GDPR, a data subject's right to obtain his or her personal data from a controller in a structured, commonly used, and machine-readable format, and to transmit those data to another controller without hindrance.
Etymology #
From data (Latin pl. of datum, something given) and portability from French portatif (portable) and -ity. The right was codified with the emergence of digital services and privacy regulations around 2018.
Collocations #
- exercise the right to data portability 行使数据可携带权
- data portability right under GDPR GDPR 下第20条规定的数据可携权
Real Business Examples #
- Consumers can exercise their data portability right to move their transaction history from one bank app to another when switching providers.
- The company updated its privacy policy to explain how users can invoke their data portability right to download or transfer their data.
Register & Variants #
- Register: formal
- BrE/AmE: Used globally, especially in EU data protection law; also adopted in various privacy regulations.
Synonyms & Antonyms #
- Synonyms: right to data portability, portability right
Common Errors #
- Assuming the right applies to inferred data or derived data, such as credit scores or algorithmic recommendations. The right applies to data provided by the data subject; inferred or derived data is generally outside its scope.
- Thinking the right obliges the controller to transfer data directly to another company. The right includes the right to receive the data and (if technically feasible) to have it transmitted directly; controllers must facilitate, not necessarily automate transfer.
Confusable Terms #
- right to access vs data portability right
- The right to obtain a copy of personal data for inspection does not always require machine-readable format; data portability right specifically ensures transferability.
Frequently Asked Questions
Does data portability right apply to all personal data??
It applies to personal data provided by the data subject, processed by automated means, and based on consent or contract. It does not include data inferred by the controller.
Does the right create interoperability obligations??
No, controllers are not obliged to adopt compatible data formats, but must provide data in commonly used formats (e.g., CSV, JSON).