Motions 20.3168 (SPK-SR) and 20.3144 (SPK-NR): Legal basis for the introduction of the Corona warning app (Corona Proximity Tracing App).
Submitted text
The Federal Council is called upon to provide the necessary legal basis for the introduction of Corona warning apps (“Corona Proximity Tracing” app) to be submitted to Parliament..
Only technical solutions should be used which Do not store personal data centrally. The use of the app must be voluntary.
Justification
Widespread application of proximity tracing by tracing chains of contagion can potentially help address the crisis. At the same time, the potential Interference with fundamental rights during proximity tracing depending on the design massive. However, due to the possible serious encroachment on fundamental rights, a request should in any case be made to Parliament for a parliamentary supported legal basis, and not to adopt an emergency ordinance of the Federal Council.
In substantive terms, the Federal Council is to decentralized solution implement. Such a decentralized solution (in contrast to certain projects in EU countries) is currently being promoted in Switzerland by ETH/EPFL, among others. The installation of such an app should also be voluntary.
Statement of the Federal Council of 1.5.2020
Digital apps can be used as tools to support the measures taken by the competent cantonal authorities to contain the spread of the virus. This applies in particular to smartphone apps that are developed using the Bluetooth wireless technology “Encounters” between two smartphones equipped with the corresponding app, which take place for longer than 15 min and at a distance of less than two meters, are recorded decentrally and anonymously (so-called proximity tracing [PT]). Should a user of the PT app test positive for SARS-CoV‑2, he or she can be anonymously activate the notification service. Depending on the date of the first symptoms of the person tested positive, those PT-App users will be -.User notifiedwho had a contact event with the positively tested person during the infectious period. This allows the notified users to voluntarily enter self-quarantine and to voluntarily contact the central federal hotline for any further clarifications.
The entire PT-App system is equipped with innovative cryptographic methods and a strong decentralized data processing geared to the fact that as possible no information on specific or identifiable persons (personal data) are present. Location information is at all not recordedbut only well protected from misuse, encrypted data concerning the contact events. As before and will continue to know only the attending physician or the attending physician as well as the already existing Cantonal Contact Tracing Center the identity of the infected person. Only they can also identify an infected person by transmitting an anonymous Authorization codes to notify the system of the infection in an anonymous form. The fact that a notified person may be able to infer who the notification originated from based on his or her memory of social contacts over the past few days is no different with traditional contact tracking.
In the view of the National COVID-19 Science Taskforce convened by the Federal Council, a very high level of acceptance and dissemination among the population is necessary for the PT app to add effective value in containing the spread of the virus. From the perspective of the Federal Data Protection and Information Commissioner (FDPIC), the National Ethics Committee (NEK) and the Federal Office of Justice (FOJ), the following conditions must be met when using the PT app. Basic principles be guaranteed: Voluntariness at all levels, Avoiding the processing of personally identifying data as far as possible, good Abuse protection through technical and organizational measures, time constraint of the deployment on the duration of the crisis as well as temporal Restriction of data storage to the extent necessary in each case (contact data only for as long as the person concerned could be affected by an infection according to epidemiological findings; the other data at most for the duration of the crisis).
Accordingly, the work for a Swiss PT app (federal administration in collaboration with EPFL and ETH) has always been based on the cornerstone of the Voluntariness at all levels (in particular, downloading and installing the application; switching on the Bluetooth wireless technology; using the other functions such as entering proof of a positive test and notifying other users). In a mirror image, voluntariness at all levels was and is also the central requirement of all legal bases that have been developed so far.
The requirements demanded by the motion for the “Decentrality” and “anonymity” are inherent in the system architecture the Swiss PT app, which is freely available on the Internet (open source). Since the PT app is a voluntary digital tool for people working in the Epidemics Act (SR 818.101), which fulfills the other requirements mentioned above, the necessary legal basis for the processing of health data already exists. Against this background and in accordance with the concerns of the motion, the Federal Council can act within the scope of its powers under epidemic law. An emergency ordinance is neither necessary nor envisaged. The Federal Council intends to limit its ordinance to a relatively short period of time and will, of course, adapt the regulation and the system should the legislature make corresponding specifications in the meantime.
All work is already well advanced. Such an app is intended for the population Usable throughout Switzerland from May 2020 be. Detailed information on the Swiss PT app, the adjustments to the legal basis required for its use, and considerations on any flanking measures (e.g. in the area of communications) will be submitted to the Federal Council on May 8, 2020.
It is urgent and important to provide the PT app to the society as soon as possible to support the gradual relaxation of the lockdown. Against the background that all the concerns of the motion are ultimately metthe Federal Council proposes that the motion be rejected.
The Federal Council proposes that the motion be rejected.