Data protection: consultation underway

With the Revision of the Data Protection Act (DSG), the Federal Council wants in particular to increase the transparency of data processing and strengthen the self-determination of data subjects over their data. To this end, the information obligations of the bodies responsible for data processing are to be expanded. In addition, the right of data subjects to information is to be clarified. The focus here is on self-regulation: the preliminary draft provides for the Federal Data Protection and Information Commissioner (FDPIC) to issue or approve recommendations of good practice that flesh out the data protection provisions.

Furthermore, the supervisory powers of the FDPIC are to be strengthened. For example, the FDPIC is to be given the authority to investigate violations of data protection regulations and to issue appropriate rulings. In addition, the penal provisions in the law are to be tightened.

Developments at the European level taken into account

The preliminary draft takes into account the latest developments in the area of data protection in the EU and at the Council of Europe. This year, the EU adopted two enactments on data protection in the form of Directive (EU) 2016/680 and Regulation (EU) 2016/679. Switzerland is now adapting its legislation to the requirements of the directive. In particular, this regulates data processing in the context of law enforcement and police and judicial cooperation. It also defines the conditions that must be met for the transfer of personal data from a Schengen state to a third country. Finally, it regulates the tasks and competencies of the supervisory authority. The Federal Council had already approved the adoption of the new EU directive on August 31, 2016, and instructed the Federal Department of Justice and Police to include the legislative amendments required to implement the directive in the revision of the FADP.

In the Council of Europe, the modernization of the "Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data" ratified by Switzerland (Data Protection Convention ETS 108) has been initiated. Amendments to the DPA are also required with a view to future ratification of this convention.

Continue to enable cross-border data transmission

The revision creates the conditions for Switzerland to meet the requirements of the EU Directive on data protection and to ratify the revised Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. These adjustments are central to ensuring that the EU continues to recognize Switzerland as a third country with an adequate level of data protection and that cross-border data transfers remain possible in the future.

The consultation on the legislative project, which combines the revision of the FADP, the federal decree on the adoption of the EU Directive and the modernization of the Council of Europe's data protection convention in one bill, will last until April 4, 2017.

Press release Bundesrat