Motion SPK‑N (19.3962): Facilitation of the formal requirements for the disclosure of personal data for occupational old-age, survivors’ and disability insurance and for accident insurance
The Federal Council is instructed to submit a draft amendment to Article 86a paragraph 5 letter b of the Federal Law of 25 June 1982 on Occupational Retirement, Survivors’ and Disability Pension Plans (BVG) and to Article 97 paragraph 6 letter b of the Federal Law of 20 March 1981 on Accident Insurance (UVG), according to which the consent of the data subject may also be obtained in another form that allows proof by text.
The Federal Council is also to examine whether similar changes are necessary in other federal social security laws.
Formulations that impede electronic business transactions must be eliminated as far as possible. This applies to the requirement of written form in Articles 86a(5)(b) BVG and 97(6)(b) UVG for the consent of the data subject to the disclosure of his or her personal data. These provisions must therefore be supplemented to the effect that consent may also be given by other means that allow proof by text.
If other federal social insurance laws contain provisions that correspond to Articles 86a(5)(b) BVG and 97(6)(b) UVG, the Federal Council should also examine whether further amendments to the law are necessary.