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By Gabriela Zanfir-Fortuna and Sasha Hondagneu-Messner The Future of Privacy Forum organized a panel at the 2019 Computers, Privacy and Data Protection Conference in Brussels to discuss the limits and benefits of the right to data portability as introduced by the GDPR. This panel was chaired by Thomas Zerdick (EDPS), moderated by Stacey Gray (FPF), and the speakers were Joris Van Hoboken (VUB-LSTS/UvA, Gabriela Zanfir-Fortuna (FPF), Babak Jahromi (Microsoft), and Olivier Micol (DG JUST).
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The subject of the panel was prompted by several catalysts, including the discussions that held the front page last year over how Cambridge Analytica accessed personal data of Facebook’s users through an app, without disclosing to users the details and reasoning of the processing at the time they asked permission to install it. The Cambridge Analytica scandal shows the importance of platforms limiting access of third parties to users’ personal data. However, such limitations cannot be absolute.
In fact, technical means to ensure interoperability between systems seem to be mandated by EU law. As a matter of fact, one of the GDPR’s biggest innovations is the introduction of data portability as a new right of the data subject. Data portability presupposes that individuals should be able to transfer their personal data between players in the market, be they old or new, or even between players in different markets. This requires that companies make data users’ available for transfer in an interoperable format and subject to a user’s request. In addition, Stacey Gray, FPF Policy Counsel, highlighted that the conversation on data portability is equally as relevant right now in the United States, given the debates on federal privacy legislation and the fact that one state law, the California Consumer Privacy Act, already included in its provisions portability as a by-product of the right of access.
How did portability appear in the competition/privacy discourse? To set up the discussion, Gabriela Zanfir-Fortuna, FPF Policy Counsel, provided context of the right to data portability. She reminded the audience that the first instance of portability mandated by EU law was about portability of phone numbers, as a result of the Universal Services Directive. Maksim tank prezentaciya. Art cam 2013. As shown by its recitals, that provision was introduced to promote competition among telephone service providers. Zanfir-Fortuna also mentioned that the debate on portability in relation to digital data was initiated in the US more than two decades ago and discussed a case from 2000,, which raised portability questions since it was caused precisely by a new service porting personal data of users from an established service, but by its own motion and without the prior consent of the users. However, data portability was first regulated in the EU, by the GDPR, which introduced it as a new right of the data subject and which gives the right to an individual either to ask an organization to port his or her personal data directly to another organization, or to receive that data in an interoperable format.
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