The purpose of this new right,
described in article 23 of the LQPD, is to further strengthen the control of your
personal data, so that when the processing is carried out by automated means,
you receive your personal data in a structured format, for use common,
machine-readable and interoperable, and you can transmit them to another
controller, provided that the processing is legitimized based on consent or
within the framework of the execution of a contract.
However, this right, by its very
nature, cannot be applied when the processing is necessary for the fulfillment
of a mission of public interest or in the exercise of public powers conferred
on the person in charge.
You can download the form to exercise it here.
The purpose of the right to data portability
is to give data subjects greater control over their personal data by granting
them a certain type of "ownership". The aim of regulators has been to
increase competition in the market by allowing the free flow of data between
providers. Data portability is especially relevant in cases where one
controller offers a higher level of personal data protection than another
within the same industry sector or between sectors.
The right to data portability
complements the right of access (article
18 of the LQPD) empowering the interested parties
to receive a copy of your data in a structured, commonly used and
machine-readable format. They can then decide what they want to do with that
data and store it on their computer, send it to another controller, or send it
to a third party. The recipients of these data are not limited to providers
that offer similar or comparable services, since the right to portability can
be exercised with any data controller chosen within the conditions that have
been specified.
Last updated: May 17, 2022