Portability of the data: one of the rights introduced by the GDPR
Portability of the data: one of the rights
The new General Data Protection Regulation (GDPR), other than data portability, confirms several rights of the data subject. Data subjects have the:
- Right to be informed;
- Right of access;
- Right to rectification;
- Right to restriction of processing;
- Right to erasure (right to be forgotten);
- Right to object;
- Rights related to automated individual decision-making, including profiling;
Last but not least, the right to data portability introduced by article 20 of the Regulation.Start your Free Trial!
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GDPR introduces as a key point of the Regulation, side by side with the accountability principle, the control of the data subject on its data.
Right to portability
As previously said, article 20 of the Regulation describes this right. On this purpose, the Regulation says:
“The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
- the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others“
Data portability: conditions
As we just said, there are a few conditions that qualify data as “portable”. Data must:
- come from a processing carried out by automated means;
- be related to the data subject;
- not be anonymous.
How can we define “portable” data? The data subject must provide an:
consent. As a consequence, none of the data created by the data controller related to another processing can be considered as “portable”. For the same reasons, none of the data derived from consent-given-data can be considere “portable” as well.
Data portability: duties of the data controller
Data controllers have some reponsabilities concerning this right:
- informative duties;
- risk analysis related to portability process;
- the implementation of the adequate measures both on a technical and organizational level to ensure the right to portability.
To this end, Swascan developed a concrete approach to face these requirements. Clicking on the button below you can start a free trial of our cloud solution to run a GDPR Assessment:Start your Free Trial!
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As far as the data controller who tranfers the data is concerned, he will not be responsible for any additional processing carried out by other data controllers or by the data subject himself.
Swascan for Compliance
Swascan allows companies to face the upcoming legislative requirements through different tools:
- dedicated cybersecurity services that lead companies to Security Management;
- a specific GDPR consultancy conducted by professionals in the field;
- a GDPR Assessment service that allows companies to test their GDPR compliance level and provides an action plan to bridge the gap.
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