Trend of mandatory data portability

In the new data-driven economy, laws intended to promote consumer choice are increasingly including mandatory data portability and sharing requirements. Some regulations require entities holding personal information to deliver that data directly to other third parties upon a consumer’s request without any real ability to object. These same regulations are often developed without regard to other existing data protection laws that obligate data holders to ensure that any third-party recipients have adequate security in place prior to the transmission of any personal information. Companies are left with the burden of determining how to best comply with requirements that on one hand demand data be delivered, and on the other mandate its protection. The panel will lead a dialogue on liability issues that emerge as a result of this goal of mandatory data sharing, as well as how to apportion liability between parties.