Unfolding the New-Born Right to Data Portability: Four Gateways to Data Subject Control

Abstract

Data portability is a fluid concept that can be used in multiple contexts and can be defined in various ways. In the EU General Data Protection Regulation, it is given the legal status of a data subject right. The key objectives of the right to data portability in the GDPR are privacy, protection of personal data, and data subjects’ control over their data. However, it remains open how these goals materialise through the new-born right. This article suggests four possible ways in which the right to data portability could unfold in the future: (i) establishing control over personal data transfers, (ii) enabling (re)use of personal data, (iii) enabling better understanding of data flows, and (iv) facilitating equality and allowing the free development of personality. Data portability could increase transparency of data processing and could allow data subjects to control their online identities. It could also be instrumental in enhancing other rights and principles, such as equality. However, the provision on data portability in the GDPR faces many legal and practical constraints. The prospects of the right will depend on regulatory interpretation and interactions with other legal areas.

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