← NDPA 2023 · Data subject rights

s.38 — Right to data portability

medium data-subject-rights

Requirement

Where processing is by automated means and based on consent or contract, the data subject may receive their personal data in a structured, commonly used and machine-readable format.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
portabilityexportmachine-readablemachine readablestructured format
Supporting terms — specificity signals
section 38jsoncsvdownloadapiself-service

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.15 Right of access data-subject-rights
GDPR Art.18 Right to restriction of processing data-subject-rights
GDPR Art.20 Right to data portability data-subject-rights
GDPR Art.22 Automated decision-making and profiling data-subject-rights
CCPA/CPRA 1798.110 & 1798.115 Right to know and access data-subject-rights
CCPA/CPRA 1798.125 Non-discrimination and financial incentives data-subject-rights
CCPA/CPRA 1798.130(a)(1)-(2) Methods for requests and 45-day response data-subject-rights
CCPA/CPRA Regs (ADMT) Automated decision-making technology for significant decisions data-subject-rights