A Critical Analysis of the Validity of Article 20 of the GDPR in Protecting the Right to Data Portability in the EU Member States
A Critical Analysis of the Validity of Article 20 of the GDPR in Protecting the Right to Data Portability in the EU Member States
Background Context
Personal data has emerged as a crucial factor of concern that requires efficient strategies to protect in the current social environment. According to Spiekermann et al., personal data has become a tradable asset in the current economic sphere.[1] European Union (EU) laws provide a foundation for protecting all parties’ right to data portability across all EU member states. Article 20 of the EU General Data Portability Regulation (GDPR) focused on ensuring individual capacity and capability to access the personal data in a layout that eases the ability to use the data in another context and transfer the data to another data controller with limited challenges.[2] For instance, the legislation validates the capacity of an individual to transfer bank account data electronically from one provider to another. The orientation forms the basis of the current analysis in determining the validity of the enactment of Article 20 of the legislation in addressing the welfare of individuals related to the right to data portability.
[1] Sarah Spiekermann, Alessandro Acquisti, Rainer Bohme and Kai Hui, “The challenges of personal data markets and privacy” (2015) 25 Electron Markets, 161
[2] Paul De Hert et al., “The right to data portability in the GDPR: Towards user-centric interoperability of digital services” (2018) 34(2) Computer Law and Security Review, 193
