On August 12, 2020, the flag was published with the motions of the State Policy Commission of the National Council (SPK‑N) of July 2, 2020. The flag can be viewed at following link can be retrieved.
The requests relate to the following items:
- High risk profiling (Art. 4fto E‑DSG): A majority is now calling for the provision, and thus the concept of high-risk profiling, to be removed from the law altogether, while a minority is in favor of approving the Council of States’ wording.
- Requirement of explicit consent (Art. 5 (7) E‑DSG): The majority continues to adhere to its decision of September 25, 2019, according to which consent – if required – should only be explicit in the processing of particularly sensitive personal data.
- New request for an explicit right to object to profiling (Art. 5 para. 8 E‑DSG): A minority now demands the inclusion of an explicit right to object to any form of profiling, whereby the data subjects must be informed of this in each case. The data may then not be processed further, unless compelling reasons worthy of protection require further processing in the case of increased risk. The decision on further processing and the reasons for it must also be communicated to the data subject.
- Processing of personal data for the purpose of checking creditworthiness as a justification ground (Art. 27 para. 2 lit. c E‑DSG): The majority maintains the decision of September 25, 2019, whereby a private interest of the data controller is given if no particularly sensitive personal data is processed. The minority motion now follows the formulation of the Council of States, according to which a justification ground in the aforementioned context is only given if neither particularly sensitive personal data nor high-risk profiling is involved. With regard to the age of the data, the minority motion also follows the Council of States, according to which the data processed in this context should not be older than five years. The majority continues to adhere to the ten years.
The deliberations in the National Council are expected to follow in the upcoming fall session (September 7 – 25, 2020).