consent, certification mechanisms and codes of conduct and limited sanctions.
However, it has taken on the risk-based approach of the GDPR and aims to
strengthen the oversight by the Federal Data Protection and Information Commissioner (FDPIC). This is necessary as currently enforcement of data protection is fairy
limited based on the lack of resources and competencies of the various data protection authorities.
To complicate matters the current reform process has been split in two parts. The
first part now is prioritized and deals with the mandatory implementation of EU law
elements based on the Schengen Agreement/Bilaterals II.
2 These are mainly cooperation in criminal matters and the connected data exchange. The second part will
then address the necessary revisions in light of the technological changes since 1993
and the changes that must be carried out with a view to the GDPR. Such an approach
aims at reducing the time pressure and achieving a balanced result for the Swiss
economy. However, it significantly slows down the legislative process for enacting
the new dFDPA for personal data processing by the private sector. The information
provided in this chapter is based on the proposal as it stands in June 2018. However,
possibilities for change remains as the final version will only be available
during 2019.
In addition to the FDPA, the right to privacy is also derived from Article 13 of the
Swiss Constitution which protects private and family live and misuse of personal
data. As a signature party to the European Convention on Human Rights Switzerland
is also bound by its protection with regard to private and family life.
3 However, these
courses of action are only used in cases where all other means have failed as they are
costly and time consuming and generally do not produce an immediate effect with
regard to the processing of personal data by a private entity. Rather all other local
court procedures must be exhausted before an application to the European Court of
Human Rights can be submitted. This procedure has been shown to be very effective
as it highlights non-compliant action and often leads to adjustments in local laws
based on international pressure.
1.1 Protection of Personal Data
The Swiss interpretation of personal data has closely followed the approach on the
EU level which is evidenced in the judgements on the classification of IP addresses
2 For more details on the Swiss Bilateral Agreements with the EU see: Federal Department of
Foreign Affairs https://www.eda.admin.ch/dam/dea/en/documents/folien/Folien-Abkommen_en.
pdf.
3 For more information on the Protocols signed by Switzerland see: Federal Department of Foreign
Affairs, European Convention on Human Rights, https://www.eda.admin.ch/eda/en/home/foreignpolicy/international-organizations/council-europe/european-convention-human-rights.html.
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D. N. Staiger
However, it has taken on the risk-based approach of the GDPR and aims to
strengthen the oversight by the Federal Data Protection and Information Commissioner (FDPIC). This is necessary as currently enforcement of data protection is fairy
limited based on the lack of resources and competencies of the various data protection authorities.
To complicate matters the current reform process has been split in two parts. The
first part now is prioritized and deals with the mandatory implementation of EU law
elements based on the Schengen Agreement/Bilaterals II.
2 These are mainly cooperation in criminal matters and the connected data exchange. The second part will
then address the necessary revisions in light of the technological changes since 1993
and the changes that must be carried out with a view to the GDPR. Such an approach
aims at reducing the time pressure and achieving a balanced result for the Swiss
economy. However, it significantly slows down the legislative process for enacting
the new dFDPA for personal data processing by the private sector. The information
provided in this chapter is based on the proposal as it stands in June 2018. However,
possibilities for change remains as the final version will only be available
during 2019.
In addition to the FDPA, the right to privacy is also derived from Article 13 of the
Swiss Constitution which protects private and family live and misuse of personal
data. As a signature party to the European Convention on Human Rights Switzerland
is also bound by its protection with regard to private and family life.
3 However, these
courses of action are only used in cases where all other means have failed as they are
costly and time consuming and generally do not produce an immediate effect with
regard to the processing of personal data by a private entity. Rather all other local
court procedures must be exhausted before an application to the European Court of
Human Rights can be submitted. This procedure has been shown to be very effective
as it highlights non-compliant action and often leads to adjustments in local laws
based on international pressure.
1.1 Protection of Personal Data
The Swiss interpretation of personal data has closely followed the approach on the
EU level which is evidenced in the judgements on the classification of IP addresses
2 For more details on the Swiss Bilateral Agreements with the EU see: Federal Department of
Foreign Affairs https://www.eda.admin.ch/dam/dea/en/documents/folien/Folien-Abkommen_en.
pdf.
3 For more information on the Protocols signed by Switzerland see: Federal Department of Foreign
Affairs, European Convention on Human Rights, https://www.eda.admin.ch/eda/en/home/foreignpolicy/international-organizations/council-europe/european-convention-human-rights.html.
398
D. N. Staiger