Article 18*
Article 18 – Right to data portability
Commission Proposal
| 1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject.
2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn. 3. The Commission may specify the electronic format referred to in paragraph 1 and the technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
EDRi’s proposed amendment
| 1. The data subject shall have the right, where personal data are processed by electronic means 2. Where the data subject has provided the personal data 2a. This right is without prejudice to the obligation to delete data when they are no longer necessary under Article 5(e). 3. The Commission may specify the electronic format referred to in paragraph 1 and the technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Justification
The applicability of the right to data portability should be extended to cases beyond processing based on contract or consent. Similarly, controllers should not have the possibility to deny making the data available by claiming that the format used is not “commonly used”.
It should be clarified that this right is without prejudice to the obligation to delete data when they are no longer needed.
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