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ARTICLE · 22 SEPTEMBER 2020

Right To Data Portability: True Data Portability Or Simply An Updated Version Of The Right Of Access?

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Bill 64 proposes many amendments to the Private Sector Act and aims to enhance and modernize the protection of personal information held by businesses and to ensure individuals...

CanadaPrivacy
Julie Uzan-Naulin
Julie Uzan-Naulin
Jennifer Stoddart
Jennifer Stoddart
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Bill 641 proposes many amendments2 to the Private Sector Act3 and aims to enhance and modernize the protection of personal information held by businesses and to ensure individuals have better control over their own personal information.

In this context, Bill 64 creates the right to data portability, inspired by recital 68 and section 20 of the EU's General Data Protection Regulation (hereinafter the "GDPR")4 as well as the California Consumer Privacy Act ("CCPA"),5 which also provides for the right to data portability. It is therefore part of an international trend to give individuals more control over their personal information.

Purpose of the Right to Data Portability

As in the EU and California legislation, it would appear that the right to data portability provided under Bill 64 has two goals:

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