The exercisability of the right to data portability in the emerging Internet of Things (IoT) environment

Abstract

The right to data portability (RtDP), as outlined in the European Union’s General Data Protection Regulation (GDPR), enables data subjects to transmit their data from one service to another. This is of particular interest in the evolving Internet of Things (IoT) environment. This research delivers the first empirical analysis detailing the exercisability of the RtDP in the context of consumer IoT devices and the information provided to users about exercising the right. In Study 1, we reviewed 160 privacy policies of IoT producers to understand the level of information provided to a data subject. In Study 2, we tested four widely available IoT systems to examine whether procedures are in place to enable users to exercise the RtDP. Both studies showcase how the RtDP is not yet exercisable in the IoT environment, risking consumers being unable to unlock the long-term benefits of IoT systems.