Motion Addor (20.3367): No to monitoring the customers of publicly accessible facilities and businesses!
Submitted text
The Federal Council is instructed to enact all necessary provisions to ensure that the publicly accessible Prevent institutions and businesses from systematically controlling the identities of their customers, and to stop these activities immediately if necessary.
Justification
Under the guise of combating the Covid 19 pandemic, by sheer decree of the Director of the Federal Office of Public Health, a comprehensive Recording the location data of Swisscom customers arranged.
Meanwhile, there is talk of a second step toward electronic mass surveillance, namely a Smartphone appwhich some accurately refer to as “Gestapo app” is designated.
Combined with the fact that it is now learned that the reopening of the restaurant businesses could be made dependent on the fact that the operators, again under the guise of fighting the corona virus, be obliged to systematically record the identity of their guests and to subsequently transfer the data to the health authorities without (and this is still putting it mildly) the conditions for the collection and the analysis of these data being clear, without this being in line with the Data protection law and without sufficient legal basis.
This measure could jeopardize the reopening of the restaurants, as customers are not willing to be monitored by the operators of these establishments, who are being turned into agents of a new kind of Stasi against their will, and it offends the population.
This measure must therefore be prevented or, if necessary, stopped immediately.
Statement of the Federal Council of 19.8.20
Contact tracing is a central element in the control of the new coronavirus. A prerequisite for the relaxation steps decided by the Federal Council was therefore the recording of contact data in case distance rules and barrier measures cannot be implemented. This should ensure that contacts can be traced in the event of a positive case (contact tracing).
Since June 22, 2020, all operators of publicly accessible facilities and operations must provide in their protection concept for the collection of contact data if, due to the nature of the activity, local conditions, or operational or economic reasons, neither the required distance is maintained nor protective measures are taken for a certain period of time (Art. 4 of the Covid-19 Ordinance Special Situation SR 818.101.26).
The Federal Council is aware of the efforts it requires of everyone to combat the coronavirus epidemic. The sole purpose of requiring facility operators to collect customer contact data is to counteract a further significant increase in the number of cases, which would be disastrous from both a health and economic perspective. The protection of customers against the misuse of their data was taken into account in the Covid-19 regulation special situation, according to which the collected Contact details not used for any other purpose be allowed and Destroyed 14 days after the visit to the facility (Art. 5 para. 3 of the Covid 19 Regulation special situation). This implements the data protection and human rights requirements for the protection of informational self-determination pursuant to Art. 13 para. 2 of the Federal Constitution (SR 101) and Art. 8 of the European Convention on Human Rights (ECHR).