Peter Swire, Bijan Madhani, Inge Graef
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This session will be the first public report of a large research project on the topic of data portability. Antitrust/competition authorities in the U.S. and EU have recently highlighted data portability as an important tool for opening up data to new competitors, especially when held by large digital platforms. The FTC has announced a workshop for September on the topic, and data portability is part of the CCPA and multiple bills in Congress. The session will highlight case studies on key portability initiatives: (1) U.S. and EU phone number portability; (2) the new portability requirements in the U.S. (and EU) for health care interoperability; (3) financial services portability, under Section 1033 of Dodd-Frank and the EU Payment Services Directives; (4) Open Data requirements for government agencies, and (5) a lesser-known set of 2019 state laws mandating portability for the data of automobile dealers. As these case studies indicate, portability is currently an increasingly reality for companies, and this session will discuss an emerging set of best practices.
Peter Swire, Professor, Georgia Institute of Technology, Senior Counsel, Alston & Bird
Bijan Madhani, Privacy and Public Policy Manager, Facebook
Inge Graef, Professor, Tilburg Law School (Netherlands)