Since September 2018, PostFinance has enabled identification by voice recognition in the contact center (cf. here). Swiss television devoted a special program to the topic in the Broadcast “10vor10” from May 20, 2019 a contribution in which the FDPICAdrian Lobsiger, spoke on the subject. Interesting were his remarks on the Unequal treatment of Swiss and foreign customersAccording to the statements in the broadcast, PostFinance only processes voice recordings of foreign customers with ConsentSwiss customers, on the other hand, until revoked. free of consent. From the point of view of the FDPIC this is incomprehensible; it would lead to an unjustified discrimination of Swiss customers. But of course PostFinance is free to treat foreign and domestic customers differently depending on the applicable law, as many companies do for different reasons. The unequal treatment is not that of PostFinance, but that of different legislators, and also of the FDPIC will not really require Swiss companies to voluntarily make a special sacrifice to bridge internationally differing regulations.
The attitude of the FDPIC has, at the most, with the information provided by its authority often repeated view to do, the Processing of personal data requiring special protection be always requires justification. This attitude is simply unlawful. It is undisputed that the processing of special personal data under the current FDPA is in principle just as unjustifiable as the processing of trivial data. This is also changed by the draft of the revised FDPA nothing; apart from the fact that voice profiles are not personal data requiring special protection, as long as they are not collected with a view to a person covered by Art. 3 lit. c FDPA recorded characteristic can be evaluated.