Data Portability Revisited: Toward the Human-Centric, AI-Driven Data Ecosystems of Tomorrow

Abstract:This Article critically examines the contemporary regulatory framework and discourse surrounding data portability in the United States. Using recent regulatory developments in the European Union as an illustration, this Article suggests that although data access and portability are identified as vital issues in multiple policy instruments, in its current iteration, at least, legal conceptions of portability continue to reinforce the interests of service providers and data controller enterprises rather than individual end users. This Article argues that a paradigm shift toward a more human-centric data approach to data governance must occur, under which data would be recognized as fundamental to an individual's identity in a digital age. Therefore, it should be placed in the hands of individuals rather than service providers or data controller enterprises. This Article considers technical and market trends in the European Union that reveal and facilitate such a change. It suggests that regulatory frameworks should better align with these technological and market developments to encourage change-inducing trends among market actors. In short, this Article identifies a transformative approach to data portability that empowers individuals with the freedom and ability to aggregate their data in secure personal spaces under their control or dominion. Such a human-centric perspective on data portability is crucial in building Artificial Intelligence (AI)-powered applications for individual consumers that can pave the way for the human-centric, AI-driven data ecosystems of the future.

Artificial Intelligence (cs.AI)

arXiv:2610.15503 [cs.AI]

(or arXiv:2610.15503v1 [cs.AI] for this version)

https://doi.org/10.48550/arXiv.2610.15503 Focus to learn more arXiv-issued DOI via DataCite (pending registration)

arXivLabs is a framework that allows collaborators to develop and share new arXiv features directly on our website.

Both individuals and organizations that work with arXivLabs have embraced and accepted our values of openness, community, excellence, and user data privacy. arXiv is committed to these values and only works with partners that adhere to them.

Have an idea for a project that will add value for arXiv's community? Learn more about arXivLabs.