25 2019 Data Protection No. (b) is authorised to do so under any written law and the data subject has been informed of such use when collecting the data from the data subject. (2) A data controller or data processor that uses personal data for commercial purposes shall, where possible, anonymise the data in such a manner as to ensure that the data subject is no longer identifiable. (3) The Cabinet Secretary, in consultation with the Data Commissioner, may prescribe practice guidelines for commercial use of personal data in accordance with this Act. 38. (1) A data subject has the right to receive personal data concerning them in a structured, commonly used and machine-readable format. (2) A data subject has the right to transmit the data obtained under sub-section (1), to another data controller or data processor without any hindrance. (3) Where technically possible, the data subject shall have the right to have the personal data transmitted directly from one data controller or processor to another. (4) Where data controller or data processor declines to comply with a request under sub-section (3), the Data Commissioner may make a determination on the technical capacity of the data controller or data processor. (5) The right under this section shall not apply in circumstances where— (a) processing may be necessary for the performance of a task carried out in the public interest or in the exercise of an official authority; or (b) it may adversely affect the rights and freedoms of others. (6) A data controller or data processor shall comply with data portability requests, at reasonable cost and within a period of thirty days. (7) Where the portability request is complex or numerous, the period under sub-section (6) may be extended for a further period as may be determined in consultation with the Data Commissioner. Right to data portability. !

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