Status: written off on 23.3.2007.
Submitted text:
RFID technology is expected to become ubiquitous. Fears about negative consequences for the informational self-determination of residents are widespread and will increase. I therefore ask the Federal Council to answer the following questions:
- What threats to data protection does he see with regard to the potential applications of RFID technology in the consumer sector?
- Does he see a need for action in the data protection law with regard to the possible future application of RFID technology?
- Will the mass use of RFID tags have an impact on recycling and disposal?
- How does he estimate the additional exposure to electromagnetic fields from the ubiquitous use of RFID readers?
- What does it intend to do to identify possible risks at an early stage and to be able to initiate any precautionary measures?
Statement of the Federal Council:
1. when using RFID technology, it becomes possible to process data using radio waves over a certain distance without the need for a direct (visual) connection with the chip or for the person concerned to actively intervene in a process. Unless those affected know in which objects transponders are implemented, they also cannot recognize which data is being processed. From RFID transponders that have not been destroyed or deleted, the stored information can be read with the help of (invisible) readers. Data obtained in this way can in turn be linked to one another. There is thus, for example, the risk of creating shopping or movement profiles (transparent citizens). If personal data is processed by RFID systems, the data subjects must be informed transparently and comprehensively about the data processing, the purpose of the processing and the right to information and correction.
2 The Data Protection Act (DPA) is a technology-neutral law that sets requirements for data processing and thus also for the use of RFID technology. This means that the operators of RFID systems must take the legal requirements of the DPA into account. There is no need for action in terms of data protection legislation.
3 In order to estimate the environmental impact of discarded RFID chips, various parameters such as their composition, size and energy consumption must be taken into account. The impact on the environment of disposing of the chips together with municipal waste in garbage bags can be classified as unproblematic overall. In contrast, certain problems may arise when recycling items fitted with RFID chips (e.g. glass recycling: discoloration, material defects), unless precautionary measures are taken. Based on Article 30a of the Environmental Protection Act, the Federal Council can prohibit the use of substances that make disposal considerably more difficult. However, there is currently no corresponding need for action. Separate collection of the chips would require an enormous logistical and technical effort. Recycling the chips is hardly worthwhile due to miniaturization and is additionally made considerably more difficult by the variety of substances.
If the RFID readers are installed and operated properly in accordance with the specifications and instructions, it should be possible to comply with the limit values of the relevant standards. The manufacturers of the equipment are responsible for ensuring that the design conforms to the standards. It is difficult to estimate how high the exposure actually is, since the applications are very different (on the one hand, e.g., shoplifting security devices with permanent transmission operation, on the other hand, e.g., interrogation of luggage identification or dog chips with very short transmission times). The exposure of the population to electromagnetic fields from RFID readers has not yet been recorded, either at international or national level. Therefore, the Federal Council does not yet have a basis for a risk assessment. The Federal Office of Public Health, in cooperation with other offices involved, plans to record and analyze exposures and possible health risks of the RFID readers. However, due to a lack of human resources, this investigation will be carried out at the earliest after the report “Risk potential of wireless networks” (report in fulfillment of the postulate Allemann 04.3594) has been prepared.
5 The Federal Council is aware that in view of the development of new technologies and the associated uncertainties about risks, the adoption of precautionary measures must be examined. It will base this primarily on the results of the report mentioned in question 4. Further bases should be provided by the report “Health protection against NIR in Switzerland” (report in fulfillment of the postulate Sommaruga 00.3565). Based on these reports, the Federal Council will make an assessment of the situation.