Section 19 Indian Data Protection Act 2019

Right to data portability

19. (1) Where the processing has been carried out through automated means, the data principal shall have the right to

(a) receive the following personal data in a structured, commonly used and machine-readable format

(i) the personal data provided to the data fiduciary;

(ii) the data which has been generated in the course of provision of services or use of goods by the data fiduciary; or

(iii) the data which forms part of any profile on the data principal, or which the data fiduciary has otherwise obtained; and (b) have the personal data referred to in clause

(a) transferred to any other data fiduciary in the format referred to in that clause.

(2) The provisions of sub-section (1) shall not apply where

(a) processing is necessary for functions of the State or in compliance of law or order of a court under section 12;

(b) compliance with the request in sub-section (1) would reveal a trade secret of any data fiduciary or would not be technically feasible.