- The Federal Council recognizes that the Federal Data Protection Authority (Edöb) is important, but reaches its limits when it comes to cross-border, non-transparent data processing.
- Decisions on personnel and financial increases will be clarified as part of the revision of the Data Protection Act and explained in the dispatch.
Submitted text
The discussions surrounding the appointment of a new data protection commissioner have brought one thing above all to light: Swiss data protection is not where it should be. In these times of Big Data, when data protection is up against exceedingly powerful, globally active companies, the very singular of “data protection commissioner” raises eyebrows. At the end of August, the Federal Council plans to send the draft revision of the Data Protection Act out for consultation. In order to prevent a legal basis from being created without providing the necessary resources, as was the case with the Federal Act on the Principle of Public Access to Administration, I would ask the Federal Council to answer the following questions:
1. does he think that the current resources for the data protection officer are sufficient to ensure comprehensive data protection?
2. will the data protection officer be able to handle the future tasks with his current team and the resources provided?
3. will the resources for the data protection officer and his team be adjusted in parallel with the revision of the Data Protection Act?
Statement of the Federal Council
The Federal Council is aware that Switzerland needs a federal data protection authority that is capable of meeting the challenges posed by the development of the digital society.
He answers the interpellant’s questions as follows:
1 The Federal Council has taken note of the results of the evaluation of the Federal Act on Data Protection (FADP; SR 235.1). The corresponding report shows that the Federal Data Protection and Information Commissioner (Edöb) fulfills its legal mandate and achieves a high level of effectiveness. However, the evaluation report also points out that Edöb is increasingly reaching its limits in the performance of its supervisory function due to the fact that data processing is being carried out more and more frequently and is increasingly non-transparent and cross-border. The question of whether the financial and human resources of the Edöb are sufficient will be clarified in the context of the revision of the DPA.
2./3. As stated in the response to the Interpellation Derder 15.4253 already explained, the increase in Edöb’s resources also depends on which new tasks are assigned to it. The Federal Council cannot comment on these points at present. It will comment on them in the dispatch on the revision of the FADP.