Data Portability IRL: A Stakeholder Assessment of Data Portability Methods

Data Transfer Initiative, The Future of Data Portability and Law, Forthcoming

10 Pages Posted: 26 Mar 2024

Date Written: February 26, 2024

Abstract

Principally a technical capacity, data portability is now being used as a policy tool to promote both market competition and user rights. Combining these goals is complex, both in terms of regulatory questions and technical requirements. One issue to resolve is how to balance the enhanced access to data being sought by lawmakers with privacy, data protection, and security. One tactic is to implement policy through technical design, an approach referred to as “by-design and default.” This is a framework that requires industry to integrate data protection principles into the design and development of systems for processing personal data through technical design, business strategies, and organizational practices. Using empirical methods, this study provides an assessment of the by-design approach to data portability and its relative advantages and disadvantages for stakeholders. The results suggest an opportunity to reconsider balancing demands of multiple stakeholders that do not stop at the limits of technical solutions.

Keywords: Data portability, by-design and default, EU data protection, API, regulation, privacy

JEL Classification: O33, O38, O51, O52

Suggested Citation

Woodall, Angela, Data Portability IRL: A Stakeholder Assessment of Data Portability Methods (February 26, 2024). Data Transfer Initiative, The Future of Data Portability and Law, Forthcoming , Available at SSRN: https://ssrn.com/abstract=4738496 or http://dx.doi.org/10.2139/ssrn.4738496

Angela Woodall (Contact Author)

CELSA-Sorbonne University ( email )

France

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