Compliance

What is Right to Data Portability?

The right to data portability allows individuals to receive their personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another organization.

The right to data portability, established under Article 20 of the GDPR, allows data subjects to receive the personal data they have provided to a controller in a structured, commonly used, and machine-readable format, and to transmit that data to another controller without hindrance. This right applies when the processing is based on consent or a contract and is carried out by automated means.

The data subject may also request that the controller transmit the data directly to another controller where technically feasible. This right is distinct from the right of access in that it only covers data provided by the data subject (including observed data) and only applies to processing based on consent or contract. It does not extend to inferred or derived data. Common machine-readable formats include CSV, JSON, and XML.

IQWorks supports data portability requests through SearchIQ for locating all data provided by the individual, automated data extraction in standard formats, and ComplyIQ for tracking request fulfillment timelines. DiscoverIQ helps identify which data qualifies for portability by mapping the lawful basis for each processing activity.

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