GDPR article 20 right to export data

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0 comments, last by Nagle 2 years, 6 months ago

Art. 20 GDPR Right to data portability

  1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
    1. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
    2. the processing is carried out by automated means.
  2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

Ref: https://gdpr-info.eu/art-20-gdpr/

This hasn't come up much in the game area, but it assumes more importance in games and virtual worlds where users can create content. Whether or not something is “personal data” is an issue, but the GDPR authorities generally interpret that broadly. If your name is attached to the object in any way, it's definitely personal data.

This conflicts with the “if we kick you out you can't get your content back” terms of some systems. The GDPR supersedes contract terms, so that probably won't hold up with data protection authorities.

This will become more of an issue as virtual worlds, etc. start to use standardized formats. NVidia and others are pushing for Universal Scene Description (USD) as a standard for content. As more systems use that, exporting data becomes more useful.

It's worth thinking about this if you're in the EU, and if you're not, looking into the politics of extending it to other jurisdictions. California's CRPA might apply to some California companies that are primarily ad and tracking supported.

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