The Data Portability Act: More User Control, More Competition

For twenty years, the US’ approach to protecting privacy has relied primarily on notice and consent. As US policymakers work to develop legislation to protect users’ privacy, however, it is time to move away from that regime. Users want more control over the data they provide companies, and granting users certain rights over their data can facilitate increased control. Data portability is one such user right. Data portability allows users to take the data that a company has collected about them and move it to another service. Data portability will encourage online competition, and any US privacy legislation should include a right to data portability. Below, we present the Data Portability Act, which provides strong, clear draft bill language that should serve as a model for Congress as it deliberates how to protect privacy and encourage competition in a privacy law.