Problems of Application of the Right to Data Portability

The aim of the publication is to analyze the advantages and
disadvantages of the right to data portability, as well as to look
at them in the context of development of a legal framework for
the protection of personal data. The General Data Protection
Regulation entered into force on 25 May 2018 and introduced a
new legal framework for the protection of personal data in the
European Union, and also included several new rights, including
the right to data portability. These are rights of the data subject
to receive personal data concerning himself, which he has provided
to the controller, in a structured, widely used and machine‐readable
format, and transmit this information to another controller, if it
is possible.
The rightto data portability applies only to personal data provided
by the controller to the data subject himself, and only if the
processing was initially based on the consent of the user or on the
basis of a contract. This means that the right to data portability
is notfeasible when data processing is based on another legal basis.
In the context of the right to data portability, data subjects directly
transmit data fromone data controller to another where technically
possible. The regulation does not specify what is meant by
“technically feasible”. The wording indicates that this should be
addressed on a case‐by‐case basis and a dynamic interpretation
ofthe term “technically feasible”should be ensured. Thisislimited
because the Regulation does not oblige data controllers to accept
or maintain compatible processing systems.