Data Portability and Informational Self-Determination

Eva Fialová

Abstract

The proposal of the Data Protection Regulation (hereinafter “DPR”) introduced the right to data portability. Pursuant to art. 15 of the DPR in a version adopted by the European Parliament where the data subject has provided the personal data, where personal data are processed by electronic means, to obtain from the controller a copy of data undergoing processing in an electronic and interoperable format which is commonly used and allows for further use by the data subject without hindrance from the controller from whom the personal data are withdrawn. Where technically feasible and available, the data shall be transferred directly from controller to controller at the request of the data subject. 

The data portability increases informational self-determination of the data subject. Informational self-determination is associated with information privacy. The data subject may determine whether and to whom he/she discloses his/her personal data. The decision about the disposition should be made freely without any interference from a third person in order that the information self-determination is preserved. Nevertheless, the right to data portability, in other words the legal possibility of data transfer, opens the doors to the providers to attract users with even more personalized services. This may result in less informational privacy of the users. This article deals with the right to data portability in relation to informational self-determination and informational privacy.

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