Take-Aways (AI)
- On September 23, the Unification Conference agreed with the Council of States on all points.
- High-risk profiling is enshrined in law (Art. 4 fbis E‑DSG).
- In the case of high risk, particularly sensitive personal data or ordinary profiling by federal bodies, consent is expressly required.
- In the case of credit checks with particularly sensitive data or high risk, the overriding interest of the controller does not apply.
On September 23, the conciliation conference decided on the remaining differences between the two chambers and agreed with the Council of States on all points (cf. Flag).
That is:
- The High-risk profiling to be enshrined in law (Art. 4 fbis E‑DSG);
- accordingly must In the case of high-risk profiling, any required Consent to be explicit. The expressivity requirement also applies to processing of personal data requiring special protection and to ordinary profiling (Art. 4 lit. f E‑DSG) by a federal body;
- in the case of credit assessments that involve particularly sensitive personal data or high-risk profiling, the overriding interest does not apply of the person responsible.
Both Councils voted in favor of these motions during their deliberations today (see voting results in the Official bulletin, provisional text). On the coming Friday, September 25, 2020 find the Final votes regarding the corresponding legislative text held.