With the enactment of stronger privacy laws in Europe and California, and with the prominent use of digital platforms and intense policy debates surrounding their regulation, issues regarding what has been termed “data portability” have been brought to the forefront. What is data portability, and how is it being addressed in the law? Alex Brown and Gabe Maldoff join Christina Ma and Kayla Odom to discuss what it means for data to be “portable” and the various issues that arise when it comes to the transferability of a person’s data. Listen to this episode to understand the competition, consumer protection, and cybersecurity issues that are being debated by policymakers, companies, and others when it comes to data portability.
Alex Brown, Alston & Bird LLP
Gabe Maldoff, Covington & Burling LLP
Data To Go: An FTC Workshop on Data Portability (September 22, 2020)
Comment Submitted by The American Bar Association Antitrust Law Section In Connection With “Data To Go: An FTC Workshop On Data Portability” (August 27, 2020)
EU General Data Protection Regulation – Right to data portability, Article 20
California Consumer Privacy Act – Data portability requirements, Cal Civ. Code. § 1798.100(d)
Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP