- The Federal Council adopts the EU directive on data protection in criminal prosecution and instructs the FDJP to implement it.
- The directive strengthens personal data protection, expands the obligations of data processing bodies and regulates data transfers to third countries.
- Amendments to the Data Protection Act and other laws are necessary for implementation; consultation expected in the fall.
The Federal Council decided today August 31, 2016, to adopt the new EU Directive on Data Protection in the Field of Law Enforcement to adopt. It has also instructed the FDJP to include the legislative amendments required for implementation in the ongoing revision of the Data Protection Act.
From the Media release:
The new EU Directive of 27 April 2016 regulates data processing in the context of law enforcement and police and judicial cooperation and represents a further development of the Schengen acquis. It strengthens the protection of data subjects and extends the obligations of the bodies responsible for data processing. It also defines the conditions for the transfer of personal data from a Schengen state to a third country. Furthermore, it regulates the task and competences of the supervisory authority.
As an associated Schengen state, Switzerland was involved in drafting the new EU directive. In order to implement this directive, the Data Protection Act (DPA) and other laws must be adapted. The Federal Council already decided on April 1, 2015, to take the EU data protection reform into account in the current revision of the DPA. It is expected to send the bill out for consultation in the fall.