Template Letter Request for Portability

Summary

This is a template letter published by the Jersey Office of the Information Commissioner (JOIC) to help individuals exercise their right to data portability under Article 34 of the Data Protection (Jersey) Law 2018. It is a guidance tool for data subjects, not a binding regulatory instrument, and must be adapted to the individual's own circumstances before use.

• Scope of request: Covers personal data provided by the individual and held electronically by an organisation, including data generated through use of a device or service (e.g. website usage history, location data, wearable/smart device data).
• Basis for right: Applies where the organisation relies on the individual's consent or on a contract with the individual to process the data.
• Format requested: Individual can ask for the data in a commonly used, machine readable format such as CSV, JSON or XML, and can ask for it to be transmitted directly to a named third party.
• Identity verification: Organisation may require proof of identity before complying with the request.
• Response timeframe: Reminds the recipient organisation that DPJL 2018 requires a response without undue delay and in any event within four weeks of receipt, with an explanation if that period cannot be met.

Because this is a template for individuals rather than a rule addressed to regulated entities, it does not itself create new compliance obligations beyond restating the statutory four week response requirement that organisations already owe under the DPJL 2018 when they receive such a request.

Key obligations

• An organisation that receives a portability request under Article 34 of the DPJL 2018 must respond without undue delay and, in any event, within four weeks of receipt, or explain the reason for any delay.

Applies to

data controllers, organisations processing personal data under the Data Protection (Jersey) Law 2018

Deadlines

• within four (4) weeks of receipt: Statutory deadline for an organisation to respond to a data portability request under the DPJL 2018