Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit

Abstract

The right to data portability is facing a new lease of life not long after the GDPR takes effect. Post Brexit, the EU and the UK have respectively released blueprints for making this right truly work for data subjects. This means that the undue constraints imposed on this right as a result of political compromise will be lifted, albeit not by revising GDPR provisions. This chapter seeks to map, evaluate and compare the revamping endeavours at both EU and UK levels. By navigating through a plethora of legislative proposals, policies and reviews, it shows that the two jurisdictions are embracing contrasting approaches and thus facing rather distinct challenges. The instruments used, purposes pursued, and how exactly the right is revamped differ greatly, thus calling for a comparative observation. It is argued that the EU could only vitalise the right after turning away from its conceptual maze and attending to the real needs of consumers. The UK should be commended for its stress on consumer needs and agency building but, as a double-edged sword, this approach also prompts a slippery slope towards lowered protection, which should be treated with caution.

Data protection for the common good: Developing a framework for a data protection-focused data commons

“…Particularly with regard to data protection, metadata plays an important role as to how much information data subjects would like to share with other stakeholders. By considering a data protectionfocused data commons as a tool for facilitating data portability and interoperability, data subjects may be able to better understand how their personal data can be used in different contexts, particularly where there are currently limited guidance on how data portability could be enforced in the context of data protection (Wong and Henderson, 2019) and how such expectations are constantly changing (Li, 2021). The consideration of data portability and interoperability within a data commons also go beyond existing data stewardship perspectives that focus on data ownership by including data experimentation and interaction (Mills, 2019).…”