Right to Data Portability Services
The Right to Data Portability is one of the most innovative additions to Georgian data protection legislation. This right allows a citizen to receive their personal data from a company in a structured, commonly used, and machine-readable format (e.g., XML, JSON, CSV) and transfer it to another company. This is particularly important in banking, insurance, and telecom sectors, where transferring data simplifies switching providers. However, companies often resist this process due to technical difficulties or incorrect interpretations of "data ownership."
Our service offers legal support in exercising the right to data portability. The service includes:
- Request Preparation: Drafting a legally sound request precisely specifying what data you want to port and in what format.
- Request for Direct Transfer: Demanding that data be transferred directly to the new provider (Controller-to-Controller Transfer), where technically feasible.
- Appealing Refusals: If a company refuses portability on technical grounds, verifying the validity of the refusal and appealing to the Personal Data Protection Service.
- Format Disputes: Challenging cases where a company provides data in an unusable format (e.g., printed papers instead of digital files).
- Security Guarantees: Consulting on how data should be securely transferred to avoid loss or leakage in transit.
Practical example: You want to switch banks and have your transaction history transferred to a new bank to get a better credit offer. The old bank offers only a PDF statement, which is unusable for automatic analysis by the new bank. The law gives you the right to request data in a processable format (e.g., Excel). Another example: You want to move photos and contacts from a social network to another platform. The portability right allows you to do this.
The legal basis is Article 17 of the Law of Georgia on Personal Data Protection. This right applies only to data you provided to the company yourself, processed electronically based on consent or a contract. It is important to note that the portability right does not oblige the company to keep your data indefinitely.
Working with a lawyer simplifies bureaucratic processes. Companies often use technical jargon to deny requests. A lawyer helps refute these arguments and obtain your rightful information.
Legal.ge offers innovative legal services. Data portability is part of your digital freedom. Exercise this right fully with the help of our experts.
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