An organisation receives a request on 3 September. In practice, you may already have processes in place to enable your staff to recognise subject access requests, such as training or established procedures. It is a file format based on the JavaScript language that many web sites use and is used as a data interchange format. their right to make a complaint to the ICO or another supervisory authority; and.
Additionally, it is good practice to have a policy for recording details of the requests you receive, particularly those made by telephone or in person. TheEuropean Data Protection Protection Board (EDPB)includes representatives from the data protection authorities of each EU member state. If you decide to charge a fee you should contact the individual promptly and inform them. 
For more information, please see our guidance on Exemptions. Therefore, you should make individuals aware of this so that they can take steps to protect the information they have received.
It is defined by the Open Data Handbook as: a simple and powerful standard for representing structured data..
We use secure methods to transmit personal data. We can transmit personal data in structured, commonly used and machine readable formats.
What does provided to a controller mean? European Data Protection Protection Board, Guide to the General Data Protection Regulation (GDPR), Rights related to automated decision making including profiling, Ransomware and data protection compliance, International transfers after the UK exit from the EU Implementation Period, International data transfer agreement and guidance. Machine-readable data can be made directly available to applications that request that data over the web.
We know how to recognise a request for data portability and we understand when the right applies. The inclusion of the word manifestly means there must be an obvious or clear quality to it being unfounded.
directly transmitting the requested data to the individual; or.
Structured data allows for easier transfer and increased usability. You must comply with a request for data portability without undue delay and at the latest within one month of receipt of the request or (if later) within one month of receipt of: You should calculate the time limit from the day you receive the request (whether it is a working day or not) until the corresponding calendar date in the next month. sentry hadoop architecture security basic For example, you may develop or implement an API to exchange personal data in XML format with another organisation. The controller receives information from a data portability request that includes information about third parties. Provided it meets the requirements of being structured, commonly-used and machine readable then it could be appropriate for a data portability request.
For example: the individual has explicitly stated, in the request itself or in other communications, that they intend to cause disruption; the request makes unsubstantiated accusations against you or specific employees; the individual is targeting a particular employee against whom they have some personal grudge; or.
However, they may still provide helpful guidance on certain issues.
Although you may be using common software applications, which save data in commonly-used formats, these may not be sufficient to meet the requirements of data portability.
Recital 68 says: Data controllers should be encouraged to develop interoperable formats that enable data portability.. When you receive personal data that has been transmitted as part of a data portability request, you need to process this data in line with data protection requirements. What responsibilities do we have when we receive personal data because of a data portability request? For example, if you use the data they have provided to create a user profile then this data would not be in scope of data portability. The Accountability Framework looks at the ICOs expectations in relation to right to portability. An example of a structured format is a spreadsheet, where the data is organised into rows and columns, ie it is structured. It can describe complex data structures, is highly machine-readable as well as reasonably human-readable, and is independent of platform and programming language, and is therefore a popular format for data interchange between programs and systems.. For further information on CSV, XML and JSON, please see below. An individual may have legitimate reasons for making requests that repeat the content of previous requests.
You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual.
If this is the case, it is unlikely that the request will be manifestly unfounded.
This means that the exact number of days you have to comply with a request varies, depending on the month in which the request was made. This means XML can be processed by APIs, facilitating data exchange.
24 December 2019", "Making data portability more effective for the digital economy", "Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law", "Slave to the Algorithm? This page was last edited on 24 May 2022, at 08:20. Your processing systems may indeed use proprietary formats which individuals may not be able to access if you provide data to them in these formats.
If an exemption applies, you can refuse to comply with a request for data portability (wholly or partly). Some organisations in the UK already offer data portability through midata and similar initiatives which allow individuals to view, access and use their personal consumption and transaction data in a way that is portable and safe. The handbook contains a number of definitions that are relevant to the right to data portability, and this guidance includes some of these below.
We are aware of the circumstances when we can extend the time limit to respond to a request.
Report, Internet Governance Forum, Berlin, 25 Nov 2019, Pre-event 45 (15:45 to 18:15)", "Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit will appear in the Research Handbook of EU Data Protection Law", "A New Competition Framework for the Digital Economy Report by the Commission 'Competition Law 4.0', Summary", "The GDPR and its consequences for Switzerland", "Postulat "Recht auf Kopie" vom Bundesrat angenommen", "Kommission schliesst Beratung der Revision des Datenschutzgesetzes ab, press release", "Rforme de la protection des donnes: fin de l'examen du projet, Press release, 16 August 2019", "Guideline for the implementation of data portability in Switzerland", "The right to data portability in practice: exploring the implications of the technologically neutral GDPR, page 6", "Canada's Digital Charter: Trust in a digital world", "Brazilian General Data Protection Law (LGPD, English translation)", "Personal Data Protection in Thailand, June 2019", "Data Protection Act, 2018 (in bill status)", "Kenya now has a data protection law.
However, there may be legitimate reasons why you cannot undertake the transmission. This allows the individual to manage and reuse their personal data.
Without hindrance means that you should not put in place any legal, technical or financial obstacles which slow down or prevent the transmission of the personal data to the individual, or to another organisation. You also need to consider whether the data contains any third party information. the individual clearly has no intention to exercise their right to data portability.
You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request. However, it depends on the particular circumstances. Alternatively, you can refuse to comply with a manifestly unfounded or excessive request. the request is malicious in intent and is being used to harass an organisation with no real purposes other than to cause disruption.
The key to this is proportionality.
You should consider the technical feasibility of a transmission on a request by request basis.
For example an individual makes a request, but then offers to withdraw it in return for some form of benefit from the organisation; or. You must be able to demonstrate to the individual why you consider the request is manifestly unfounded or excessive and, if asked, explain your reasons to the Information Commissioner.
Doing this enables individuals to take advantage of applications and services that can use this data to find them a better deal or help them understand their spending habits. For example, an individual wants to retrieve their contact list from a webmail application to build a wedding list or to store their data in a personal data store. previously submitted requests which have been manifestly unfounded or excessive. You should keep the third party data under the sole control of the individual who has made the portability request, and only used for their own purposes. Not all of the exemptions apply in the same way, and you should look at each exemption carefully to see how it applies to a particular request. For example, whilst there is no specific obligation under the right to data portability to check and verify the quality of the data you transmit, you should already have taken reasonable steps to ensure the accuracy of this data in order to comply with the requirements of the accuracy principle of the UK GDPR.
the individual systematically sends different requests to you as part of a campaign, eg once a week, with the intention of causing disruption. you are carrying out the processing by automated means (ie excluding paper files). CSV, XML and JSON are three examples of structured, commonly used and machine-readable formats that are appropriate for data portability. Although CSV is not standardised it is nevertheless structured, commonly used and machine-readable and is therefore an appropriate format for you to use when responding to a data portability request.
TheEDPB has published guidelines and FAQs on data portability for organisations.
The Open Data Handbook states that machine readable data is: Data in a data format that can be automatically read and processed by a computer.. For example, if the transmission would adversely affect the rights and freedoms of others.
However, you should always consider whether there will be an adverse effect on the rights and freedoms of third parties, in particular when you are transmitting data directly to another controller. As a very simple open format it is easy to consume and is widely used for publishing open data.. In deciding whether to accept and retain personal data, you should consider whether the data is relevant and not excessive in relation to the purposes for which you will process it. it repeats the substance of previous requests; or. The time limit will start from the same day. In most cases you cannot charge a fee to comply with a request for data portability.
When you accept and retain data, it becomes your responsibility to ensure that you comply with the requirements of the UK GDPR. You should not have a blanket policy. You also need to ensure that you comply with the other provisions in the UK GDPR. This means that software must be able to extract specific elements of the data.
You can also refuse to comply with a request if it is: In order to decide if a request is manifestly unfounded or excessive you must consider each request on a case-by-case basis. The right to data portability only applies when: Information is only within the scope of the right to data portability if it is personal data of the individual that they have provided to you.
CSV is used to exchange data and is widely supported by software applications.
As a new controller, you need to ensure that you have an appropriate lawful basis for processing any third party data and that this processing does not adversely affect the rights and freedoms of those third parties.
You must let the individual know within one month of receiving their request and explain why the extension is necessary.
If you are able to implement such a system then you can facilitate data exchanges with individuals and respond to data portability requests in an easy manner.
The time limit starts from the same day.
You should base the reasonable fee on the administrative costs of complying with the request.
An individual enters into a contract with a controller for the provision of a service. You may already be using an appropriate format within your networks and systems, and/or you may be required to use a particular format due to the particular industry or sector you are part of. their ability to seek to enforce this right through a judicial remedy. We have a policy for how to record requests we receive verbally. When can we refuse to comply with a request for data portability? The right only applies to information an individual has provided to a controller.
You should consider the specific situation and whether the individual genuinely wants to exercise their rights. This gives the organisation until 3 October to comply with the request. However, you are responsible for the transmission of the data and need to take appropriate measures to ensure that it is transmitted securely and to the right destination.
You may have a preferred method of providing the information requested depending on the amount and complexity of the data requested.
It is an open standard published by the W3C and is intended to provide interoperability between applications exchanging information.
It also gives them the right to request that a controller transmits this data directly to another controller.
In: EPIC Alert, Volume 21.24", "Saving Humanity From Dangerous Artificial Intelligence Scenario", "Bittersweet Mysteries of Machine Learning (A Provocation) (blog entry)", "Artificial intelligence: opportunities and implications for the future of decision making", "Transparency Accountability: Remarks prepared for a public roundtable on algorithmic accountability and transparency in the digital economy", "Principles for Accountable Algorithms and a Social Impact Statement for Algorithms", "Ethically Aligned Design: A Vision for Prioritizing Human Wellbeing with Artificial Intelligence and Autonomous Systems", https://en.wikipedia.org/w/index.php?title=Data_portability&oldid=1089519839, Creative Commons Attribution-ShareAlike License 3.0. the need to use file standards that allow for easy reuse (for instance CSV or JSON instead of PDF or even printed paper), encompassed by a "structured, commonly used, machine-readable" format. It allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability.
It is defined by the Open Data Handbook as: a standard format for spreadsheet data. Data is represented in a plain text file, with each data row on a new line and commas separating the values on each row.
Why a 'Right to an Explanation' is Probably not the Remedy you are Looking for", "Chapter 9: Rights of data subjects Unlocking the EU General Data Protection Regulation", "Artificial Intelligence Is Setting Up the Internet for a Huge Clash With Europe", Lee Bygrave, Minding the Machine: Article 15 of the EC Data Protection Directive and Automated Profiling, Computer Law & Security Report, 2001, vol. What does this mean for netizens? social w3c data web foaf again stories ibiblio opensocial portability presentations homepage As there is no equivalent date in April, the organisation has until 30 April to comply with the request. The RDF or Resource Description Framework format is also a structured, commonly-used, machine-readable format. This does not create an obligation for you to allow individuals more general and routine access to your systems only for the extraction of their data following a portability request. If it is technically feasible, you should do this. TeamAmaze/AmazeFileManager", "Telekom zieht 2019 beim alten "Entertain" den Stecker", "Official Journal of the European Union, 156 page PDF", "The Final European Union General Data Protection Regulation, by Cedric Burton, Laura De Boel, Christopher Kuner, Anna Pateraki, Sarah Cadiot and Sra G. Hoffman, Section II, 4", "European_Data_Protection_Supervisor (EDPS) (2015): Meeting the challenges of big data: A call for transparency, user control, data protection by design and accountability, Opinion 7/2015, 19 Nov., page 13", "Commission Nationale de l'Informatique et des Liberts (CNIL) (2016): Sujet de discussion > Le droit la portabilit: quelles opportunits?
If the requested data has been provided to you by multiple data subjects (eg a joint bank account) you need to be satisfied that all parties agree to the portability request. However, it is important that you only request information that is necessary to confirm who they are. It does not include any additional data that you have created based on the data an individual has provided to you.
makes a request about the same issue. The handbook is a guide to open data, information that is free to access and can be re-used for any purpose particularly information held by the public sector. EDPB guidelines are no longer directly relevant to the UK regime and are not binding under the UK regime. The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services. You may also find that these formats are the easiest for you to use when answering data portability requests. The right to data portability entitles an individual to: Individuals have the right to receive their personal data and store it for further personal use. The UKs independent authority set up to uphold information rights in the public interest,promoting openness by public bodies and data privacy for individuals.
We have processes in place to ensure that we respond to a request for data portability without undue delay and within one month of receipt.
This means that you may have to seek agreement from all the parties involved. 17, pp. An interoperable format is a type of format that allows data to be exchanged between different systems and be understandable to both.
The UK GDPR does not require you to use open formats internally.
This is undertaken by means of an application programming interface (API).
A request may be manifestly unfounded if: This is not a simple tick list exercise that automatically means a request is manifestly unfounded. What are the limits when transmitting personal data to another controller? watchos venturebeat alpha horwitz wwdc align alignnone a5100
W3Cs specification of the JSON data interchange format is available here: W3Cs list of specifications for RDF is available here: http://www.w3.org/standards/techs/rdf#w3c_all. In more detail European Data Protection Protection Board.
However, it should not then use this data to send direct marketing to the third parties. 1724, available at folk.uio.no, "[8] EPIC Book Review: 'The Black Box Society'.
Data portability is intended to produce interoperable systems, not compatible ones. If the requested information includes information about others (eg third party data) you need to consider whether transmitting that data would adversely affect the rights and freedoms of those third parties. The right to data portability does not create an obligation for you to adopt or maintain processing systems which are technically compatible with those of other organisations (UK GDPR Recital 68). It is a file format that is intended to be both human readable and machine-readable. Unlike CSV, XML is defined by a set of open standards maintained by the World Wide Web Consortium (W3C).
You refuse the most recent request because it is manifestly unfounded and you notify the individual of this.
However, pseudonymous data that can be clearly linked back to an individual (eg where that individual provides the respective identifier) is within scope of the right. In the context of data portability, this can allow you to transmit personal data to an individuals personal data store, or to another organisation if the individual has asked you to do so. your lawful basis for processing this information is consent. A request does not have to include the phrase 'request for data portability' or a reference to Article 20 of the UK GDPR, as long as one of the conditions listed above apply. At the same time, you are not expected to maintain systems that are technically compatible with those of other organisations. If 30 April falls on a weekend, or is a public holiday, the organisation has until the end of the next working day to comply. You should take into account what data you hold, the nature of the data, and what you are using it for. The individual continues to make requests along with unsubstantiated claims against you as the controller.
If you have received personal data which you have no reason to keep, you should delete it as soon as possible. It is however your responsibility to justify why these reasons are legitimate and why they are not a hindrance to the transmission. Also, you should not presume that a request is manifestly unfounded because the individual has previously submitted requests which have been manifestly unfounded or excessive or if it includes aggressive or abusive language. Does the right apply to anonymous or pseudonymous data? The UKs independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. You should also provide this information if you request a reasonable fee or need additional information to identify the individual. They repeatedly request its correction but you have previously investigated and told them you regard it as accurate. However, just because a format is commonly used does not mean it is appropriate for data portability. The Open Data Handbook defines structured data as: data where the structural relation between elements is explicit in the way the data is stored on a computer disk..
history of website usage or search activities; raw data processed by connected objects such as smart meters and wearable devices. For example, if the controller has not handled previous requests properly; makes an overlapping request, if it relates to a completely separate set of information; or.
receive a copy of their personal data; and/or. In these cases you need to perform some additional processing on the personal data in order to put it into the type of format required by the UK GDPR.
If you provide data to an individual, it is possible that they will store the information in a system with less security than your own.
Where no specific format is in common use within your industry or sector, you should provide personal data using open formats such as CSV, XML and JSON. Individuals have the right to ask you to transmit their personal data directly to another controller without hindrance. You must consider a request in the context in which it is made, and you are responsible for demonstrating that it is manifestly unfounded.
We understand when we can refuse a request and are aware of the information we need to provide to individuals when we do so. This means that it does not apply to genuinely anonymous data. This hints at requirements regarding data schemas, versioning and specification of those schemas in case of frequent changes, and generally the absence of efforts on the part of the source data controller to complicate the effective interoperability downstream. However, you can charge a reasonable fee for the administrative costs of complying with the request if it is manifestly unfounded or excessive.
You could consider adapting them to ensure your staff also recognise data portability requests.
Therefore, requests could be made verbally or in writing.
You should however consider the nature of the portability request.
Bearing this in mind, if it is clear that the individual is seeking access to the inferred/derived data, as part of a wider portability request, it would be good practice to include this data in your response. We also recommend that you keep a log of verbal requests.
It adopts guidelines for complying with the requirements of the GDPR. analysis fault larger version An organisation receives a request on 31 March. The UK GDPR does not specify how individuals should make data portability requests. The right to data portability only applies to personal data.
Furthermore, Regulation 2 of the Re-use of Public Sector Information Regulations 2015 defines machine-readable format as: A file format structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure..
Therefore you may need to consider which of your staff who regularly interact with individuals may need specific training to identify a request. CSV stands for Comma Separated Values. If you have doubts about the identity of the person making the request you can ask for more information.
However, you should take a reasonable approach, and this should not generally create a barrier to transmission. You do not need to comply with the request until you have received the fee. However, this does not mean you are obliged to use them. The period for responding to the request begins when you receive the additional information. Generally speaking, providing third party data to the individual making the portability request should not be a problem, assuming that the requestor provided this data to you within their information in the first place.
In many cases, if a format is structured it is also machine-readable. bnl hpc computational In either case, you need to ensure that the method is secure. You can also find relevant information in the Open Data Handbook, published by Open Knowledge International. Although you are not required to use an interoperable format, this is encouraged by the UK GDPR, which seeks to promote the concept of interoperability. Sometimes the personal data an individual has provided to you will be easy to identify (eg their mailing address, username, age).
JSON stands for JavaScript Object Notation.
It is also a standardised open format maintained by the W3C. An individual believes that information held about them is inaccurate. any information requested to confirm the requesters identity (see, a fee (only in certain circumstances see.
You need to let the individual know as soon as possible that you need more information from them to confirm their identity before responding to their request.
The controller relies on Article 6(1)(b) to process the individuals personal data. What should we do if we refuse to comply with a request for data portability? The right to data portability gives individuals the right to receive personal data they have provided to a controller in a structured, commonly used and machine readable format.