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.
Li, Wenlong, Between incrementalism and revolution: How the GDPR right to data portability is revamped by the EU and the UK post Brexit (July 28, 2021). in Eleni Kosta and Ronald Leenes (eds), Research Handbook of EU Data Protection Law (Edward Elgar 2021 forthcoming).
First posted 2021-08-04 14:00:11
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