Data Portability Pivots Consumer-Centric Approach: An Unaddressed Facet In Indian Legal Framework
- IJLLR Journal
- 33 minutes ago
- 1 min read
Dr. Puranjan Prasad Paul, Assistant Professor, Faculty of Law, The ICFAI University Tripura
ABSTRACT
Data portability refers to the uninterrupted data transmission between data controllers with the consent of the data principal. The concept of self- determination, one of the most prominent international law principles, was ingrained in data portability due to its global nature. The principle of data portability was brought forth in express letters and insulated in their data governance frameworks by the European Union General Data Protection Regulation, which is the touchstone of data portability. Data portability has an impact on the digital economy and market competition. However, it can also empower consumers excessively, posing a potential risk to the digital economy industry's consumers. In conjunction with the user-centric approach, this paper will investigate the advantageous effects of data portability. This paper will also address the topic of data portability and India's exceptional digital economy in the context of the pertinent provisions of Indian competition law, as the Digital Personal Data Protection Act of 2024 does not explicitly include data portability. Lastly, the article will respectfully suggest several critical solutions to mitigate the obstacles associated with data portability to achieve a harmonious equilibrium between its implementation and the development of the digital economy.
Keywords: Data Portability, EU GDPR, Indian Digital Economy, Principle of Self- Determination, Consumer-Centric Approach, Digital Personal Data Protection Act, 2023, Competition Law
