# 19 Right to data portability

Sponsored by: Jamku CA Practice Management Software

# Bare Act

# Section 19(1)

Where the processing has been carried out through automated means, the data principal shall have the right to—

(a) receive the following personal data in a structured, commonly used and machine-readable format—

(i) the personal data provided to the data fiduciary;

(ii) the data which has been generated in the course of provision of services or use of goods by the data fiduciary; or

(iii) the data which forms part of any profile on the data principal, or which the data fiduciary has otherwise obtained; and

(b) have the personal data referred to in clause (a) transferred to any other data fiduciary in the format referred to in that clause.

# Section 19(2)

The provisions of sub-section (1) shall not apply where—

(a) processing is necessary for functions of the State or in compliance of law or order of a court under section 12;

(b) compliance with the request in sub-section (1) would reveal a trade secret of any data fiduciary or would not be technically feasible.

# Explanation

# Exemption

  1. Section 19 is not applicable to "small entity" (Ref:Section 39(1))

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Last Updated: 01 Oct 2020