We live in what relates to the information technology, now in a completely different world than at the beginning of the 1990s. Meanwhile, records with countless entries can be evaluated in the shortest possible time and with other data sets to be linked. The result is that data collectors get a lot more personal information than most of us want to give. You are the creation of personality profiles. Experts call this Profiling.
Switzerland has been trying for years, your data protection act in this new world. The current law dates from the 1990s. On Thursday, the debate in Parliament on the Reform, has taken a turn, the Consumer protection group Bouncing back: The national Council voted for an Amendment that will weaken the protection of citizens against Profiling in comparison with the old law.
to Date, the following applies: personality profiles may only be created and edited, if the affected Person agrees voluntarily and expressly. "This must remain so," urges Erik schönberger of the Digital society. The organization is in Switzerland for a better privacy . Dealing with the Profiling according to schönberger the Central Element in the new law. Or as Cécile Thomi of the Foundation for consumer protection said: "The citizens must not be arbitrary and presumptuous."
"The citizens must not be arbitrary and presumptuous."Cécile Thomi, Foundation for consumer protection
The Federal Council originally wanted to, that any Profiling is also allowed in the future only with the Express consent of the person Concerned. On Thursday, the national Council has decided that a consent is only necessary if the Profiling for the identification of particularly sensitive data. Thus, information about political or religious views are meant, for example. Not information on the financial situation of a Person are included, for example. Behind this approach, FDP and CVP, especially. They fear that a strict regulation of Profiling limits the company to a strong.
The national Council weakens the protection of the citizens even further than the Council of States. This was decided last December that the consent should only be for Profiling with a high level of risk is necessary. Under high risk, the Council of States not only understands the collection of particularly sensitive data, but data that allow General conclusions on the life of a Person.
The solution of the national Council of Cécile Thomi from the consumer protection referred to as "toothless". They protect the citizens too little. The weakening of the Council of States to accept but. According to the Council of States, the so-called normal Profiling without consent is to be possible. This means, for example, that companies use their own customer databases to send targeted advertising. For example, if an Online bookseller, someone purchasing makes suggestions based on his previous purchases.
The line of consumer protection is supported in the Parliament of the SP, the Green and GLP. The two left-wing parties threatened because on Wednesday, and the law in the final vote to reject, should not swing to the national Council of Profiling on the line of the Council of States. The law would crash after a period of years. It would be an unholy Alliance with the SVP, the bristles since years against a Reform of data protection.
Close to the requirements of the EU
At the advice of the new data protection act has to the Parliament, also have the EU in mind. The decision is expected by the end of may, whether you recognise Swiss law as equivalent. If it does not, this would lead to problems for the Swiss economy.
the Content closer to the Parliament, in the meantime, in most respects, with the requirements of the EU. Dealing with the Profiling for the EU, according to the Federal office of justice is not Central. Next, the Council of States about the data protection act advises now again in may at a special session. The final vote will then take place in the summer session in June. (ldc)
Created: 05.03.2020, 16:17 PMUpdated Date: 05 March 2020, 20:02