Analysis of the usefulness of the right of portability of personal data for the guarantee of the right to health, in light of the GDPR and the General Law of Protection of Personal Data in Possession of Obliged Subjects of Mexico

Abstract

With the publication in the Official Gazette of the European Union of the General Regulation of Protection of Personal Data (2016) and in the Official Gazette of the Federation of the Mexican Republic of the General Law of Protection of Personal Data in Possession of Obliged Subjects (2017), ensued the positivization of the right to the portability of personal data, which already found antecedents in the field of telecommunications. However, the subjective and objective elements of this right affect the entire life cycle of personal data and give us an account of the many existing limitations that allow its exercise and guarantee, an issue that also finds specific details depending on the matter. In this sense, the present intends to analyze if the exercise of this right, as it is foreseen in the mentioned norms that are in force, is beneficial for the users of the health systems, or if on the contrary, it represents a burden.