Your right to data portability

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Your right to data portability

Post by Caker on Tue Jun 26, 2018 3:50 pm

I found this in the course of my research:
https://ico.org.uk/your-data-matters/your-right-to-data-portability/

ICO wrote:You have the right to get your personal data from an organisation in a way that is accessible and machine-readable, for example as a csv file.

You also have the right to ask an organisation to transfer your data to another organisation. They must do this if the transfer is, as the regulation says, “technically feasible”.

This is known as the right to data portability.


Where this is particularly pertinent would seem to be in the arena of DBS. Pre GDPR, I believe it was necessary to pay extra to make DBS information 'portable'. Now I am wondering if it has become illegal to charge for 'portability' that way, since 'portability of data' is now a right instead of something you can be charged for.

Does anyone know anything different?

Cheers for any comments.

study
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Re: Your right to data portability

Post by Non Deficere on Wed Jun 27, 2018 9:24 am

Caker wrote:I found this in the course of my research:
https://ico.org.uk/your-data-matters/your-right-to-data-portability/

ICO wrote:You have the right to get your personal data from an organisation in a way that is accessible and machine-readable, for example as a csv file.

You also have the right to ask an organisation to transfer your data to another organisation. They must do this if the transfer is, as the regulation says, “technically feasible”.

This is known as the right to data portability.


Where this is particularly pertinent would seem to be in the arena of DBS. Pre GDPR, I believe it was necessary to pay extra to make DBS information 'portable'. Now I am wondering if it has become illegal to charge for 'portability' that way, since 'portability of data' is now a right instead of something you can be charged for.

Does anyone know anything different?

Cheers for any comments.

study

I think this will help, Caker:

ICO wrote:Can we charge a fee?
No, in most cases you cannot charge a fee to comply with a request for data portability.

However, as noted above, if the request is manifestly unfounded or excessive you may charge a “reasonable fee” for the administrative costs of complying with the request.

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-data-portability/

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Re: Your right to data portability

Post by Absolut on Wed Jun 27, 2018 9:53 am

Caker wrote:Where this is particularly pertinent would seem to be in the arena of DBS. Pre GDPR, I believe it was necessary to pay extra to make DBS information 'portable'. Now I am wondering if it has become illegal to charge for 'portability' that way, since 'portability of data' is now a right instead of something you can be charged for.

Does anyone know anything different?

Cheers for any comments.

study

Do you mean the £13 per year annual charge to keep a DBS current so you can take it with you to another employer?
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Re: Your right to data portability

Post by Caker on Wed Jun 27, 2018 8:33 pm

Absolut wrote:
Caker wrote:Where this is particularly pertinent would seem to be in the arena of DBS. Pre GDPR, I believe it was necessary to pay extra to make DBS information 'portable'. Now I am wondering if it has become illegal to charge for 'portability' that way, since 'portability of data' is now a right instead of something you can be charged for.

Does anyone know anything different?

Cheers for any comments.

study

Do you mean the £13 per year annual charge to keep a DBS current so you can take it with you to another employer?



Yes, that's the one.

I have never paid that, on principle, but I am now wondering if GDPR means that no one now has to.

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Re: Your right to data portability

Post by Absolut on Thu Jun 28, 2018 8:27 am

Specifically, the right only applies to data that:

is held electronically, and
you have provided to the organisation.

The data provided by the DBS check is not data that you provided, the State provided it via their criminal records bureau so it's exempt.
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Re: Your right to data portability

Post by Caker on Thu Jun 28, 2018 4:25 pm

Oh, I see.
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Re: Your right to data portability

Post by Non Deficere on Thu Jun 28, 2018 9:16 pm

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Re: Your right to data portability

Post by Caker on Fri Jun 29, 2018 3:11 pm

Thank ND
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