Skip to main content

Can individuals ask to have their data transferred to another organisation?

Answer

Yes, individuals have the right to data portability, that is to receive from your company/organisation the personal data they provided in a structured machine-readable format, and have it transmitted to another company/organisation. The right may only be exercised where personal data was collected in the context of a contract or on the basis of consent, and such data is processed by automated means.

Example

A patient of a private clinic in Belgium is moving to another clinic in Germany. The individual asks the Belgian clinic, which has electronic files on them, to provide them with their personal data in a structured machine-readable format, to be able to transmit the data to the relevant health professionals in Germany. The Belgian clinic should provide them with the personal data in a commonly used open format (e.g. XML, JSON, CSV, etc.). When selecting a data format, the organisation should consider how this format would impact or hinder the individual’s right to re-use the data. For instance, providing an individual with PDF versions of their records may not be sufficient to ensure that personal data is easily re-used.