32. Can users request access to historical data that a data holder might be storing (e.g. when buying a second-hand sensor/machine)?

The Data Act can be read as giving users the right to access and port readily available data generated by the use of a connected object, including data generated by other users before them. Such subsequent users might have a legitimate interest in such data (e.g. in respect of updates or incidents), while keeping in mind the ‘reasonable retention policy’ referred to in Recital 24 of the Data Act. However, the rights of previous users and other applicable law (e.g. with respect to their personal data or commercially confidential information, including their request for data to be deleted) would have to be respected. In that sense, the granularity or scope of ‘historical data’ would be limited in order to preserve the rights and interests of others.