In the dossier “A data policy of trust for progress and innovation” formulated the following nine “demands and fields of action”:
- No creation of data ownership.
- Data traffic must not be restricted by new legislation.
- Existing legal instruments ensure access to data and safeguard investments in data-based products.
- Trust as the basis for data processing and innovation.
- No fundamental legal right to data portability.
- Business Anonymization Standards.
- Promote the risk-based approach to data governance.
- Support Open Government Data (OGD).
- Industry-specific minimum requirements for cybersecurity and improvement of threat and crisis management
These points are subsequently justified in detail. With regard to the first point, the criticism of the idea of data ownership, economiesuisse refers to a Publication by Thouvenin and Weber. The issue has been raised not only, but especially since the call for the creation of data ownership by Eckert The idea is being discussed, but the majority in Switzerland is opposed to it, in particular by Fröhlich-Bleuler. It has also occupied the political arena on various occasions. The Federal Council only touched on this topic in its message on the FADP:
During the discussions with experts, solutions other than the envisaged measures were also discussed, such as the possibility of making data available to the Rules for rights of disposal and rights of use in rem to be assumed. However, these solutions were in many cases considered not viable judged too different from developments at the international level (for example, no other European country provides for property rights in data).
The economiesuisse paper has been received with some skepticism, for example by the NZZ (“Wish List of a Business Representative”) and the Republic.