A music streaming service receives a data portability request from a subscriber who wants to take her listening history and the playlists she created to a competitor. Her account also contains play-count statistics the service generated by analysing her behaviour to power its recommendation algorithm, plus billing records the service keeps to meet tax law. The subscriber's account is provided under a contract she agreed to. Which data is the service required to provide under the right to data portability?
- AThe listening history and playlists she actively provided, but not the inferred play-count analytics the service derived, nor the billing records retained under a legal obligation. Correct
- BAll personal data the service holds about her, including the inferred analytics and the billing records, because portability extends to every category of data linked to her account.
- COnly the playlists she manually typed in, because portability covers data the subject consciously enters and never the listening history observed through her use of the service.
- DThe listening history, playlists, and inferred analytics, but not the billing records, because portability includes any data generated about the user except records kept for legal compliance.
Why A is correct: Correct. Article 20 covers personal data the data subject has provided, processed by automated means on the basis of consent or contract; this includes data she actively gave and observed activity, but EDPB guidance excludes inferred or derived data, and records held under a legal obligation fall outside the contract or consent basis required by Article 20(1).
Why B is wrong: This is too broad; Article 20 is limited to data provided by the data subject and processed on consent or contract, so inferred analytics and legally mandated billing records are outside its scope.
Why C is wrong: This is too narrow; EDPB guidance treats data observed from the use of a service, such as listening history, as data provided by the data subject, so it is portable alongside manually entered playlists.
Why D is wrong: Including the inferred analytics is the error; data the controller creates by its own analysis is derived data that the EDPB excludes from portability, even though excluding the billing records is correct.