What are some notable cases on data portability in the USA?

Question from Advantage, What are some notable cases on data portability in the USA?

Answer from AI:

Data portability, the ability of individuals to move, copy or transfer personal data easily from one IT environment to another, has become a significant issue in the digital age. In the United States, there have been several notable cases and legal developments related to data portability.

Facebook and the Cambridge Analytica Scandal

One of the most high-profile cases involving data portability is the Facebook and Cambridge Analytica scandal. In this case, data from millions of Facebook users was harvested without their consent and used for political advertising. This case highlighted the need for better data portability regulations and led to significant changes in how companies handle user data.

LinkedIn vs. hiQ Labs

Another significant case is LinkedIn vs. hiQ Labs. In this case, LinkedIn tried to prevent hiQ Labs from scraping publicly available user data from its site. The court ruled in favor of hiQ Labs, stating that data made publicly available is fair game for web scraping. This case has implications for data portability, as it suggests that data made publicly available by users should be portable and accessible to others.

Google and the Right to be Forgotten

While not a case, the concept of the “right to be forgotten,” which has been enforced in the European Union, has implications for data portability. This right allows individuals to request that personal data be deleted from a company’s servers. While this right is not recognized in the United States, it has sparked discussions about data portability and the control individuals have over their personal data.

Legal Advice
These cases highlight the complexity of data portability laws and regulations. If you have specific questions or concerns about data portability, it is recommended that you consult with a legal professional. They can provide personalized advice based on your situation and the most recent legal developments.

Resources

• The Federal Trade Commission (FTC) provides guidelines on data security and privacy.
• The Electronic Frontier Foundation (EFF) offers resources on digital privacy rights.
• The American Civil Liberties Union (ACLU) provides resources on privacy and technology.

Please note that laws and regulations related to data portability are continually evolving, and the information provided here may not reflect the most recent legal developments.