Unfolding the New-Born Right to Data Portability : Four Gateways to Data Subject Control

Data portability is a fluid concept that can be used in multiple contexts and defined in various manners. In the EU General Data Protection Regulation, personal data portability is given the legal status of a data subject right. The key objectives of the right are privacy, protection of personal data and data subjects' control over their data. However, it remains open how these goals materialise through the new-born right. This article suggests four possible ways in which the right to personal data portability could unfold in the future: a) establishing control over personal data transfers,b) enabling (re)use of personal data,c) enabling better understanding of data flows, and d) allowing free development of personality and facilitating equality. Personal data portability could increase transparency of data processing and allow data subjects to control their online identities. Also, it could be instrumental to enhancing other rights and principles such as equality. However, the provision on personal data portability in the GDPR faces many legal and practical constraints. The prospects of the right will depend on regulatory interpretation and interactions with other legal areas