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Right to data access and right of portability – comparing aim of regulation, scope and premises of applying

personal data protection of personal data General Data Protection Regulation right to access right to transfer data

The aim of the present article is to determine the differences between the right to personal data access and the right of personal data portability based on the Regulation 2016/679 of 27 April 2016 of the European Parliament and the Council of the European Union on the protection of legal persons with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Data Protection Regulation). Firstly, the author presents the aim of the regulation of the right to data access and the right of data portability. Next, there is a comparative analysis regarding premises of applying each of these rights, limitation of applying them, scope of transferred data based on each right, form of transferring data, and also obligations of an administrator in case of making a request to use the right to data access or the right to data portability. Moreover, the article points to practical problems which may occur while replying to requests of people whose data concern using the abovementioned rights.

Prawo Mediów Elektronicznych, ISSN 2082-100X. 2017, 3 s. 4-9

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