NZZ of 17.3.2016: Inter­view with the new FDPIC Adri­an Lobsiger

NZZ of 17.3.2016: Inter­view with the new FDPIC Adri­an Lobsiger

The sta­te also coll­ects data – you men­tio­ned the Fede­ral Office of Poli­ce, of which you are depu­ty direc­tor. Are war­nings about the poli­ce coll­ec­ting too much data justified?

Based on my expe­ri­ence, the inte­rests of the poli­ce are often not so dif­fe­rent from tho­se of data pro­tec­tion: an intel­li­gent poli­ce force does not coll­ect as much infor­ma­ti­on as pos­si­ble, but rather the rele­vant infor­ma­ti­on. The Ame­ri­can poli­ce cul­tu­re, for exam­p­le, is far more cha­rac­te­ri­zed by data coll­ec­tion than ours. Nevert­hel­ess, this does not result in more cri­mi­nal pro­ce­e­dings, but often even fewer.

Ulti­m­ate­ly, this rai­ses the que­sti­on of what should be given grea­ter weight: free­dom or security?

Cle­ar­ly free­dom. In a libe­ral con­sti­tu­tio­nal sta­te, the­re is a fun­da­men­tal right to free­dom. But the­re is no fun­da­men­tal right to secu­ri­ty. Secu­ri­ty is cer­tain­ly an important sta­te task, but even spe­cial thre­at situa­tions or even pos­si­ble attacks can­not chan­ge the lack of a fun­da­men­tal right to secu­ri­ty. Free­dom is always asso­cia­ted with risks.

But the­re is also no free­dom wit­hout security.

Wit­hout food, the­re is also no free­dom, becau­se peo­p­le would die. Yet the­re is no fun­da­men­tal right spe­ci­fi­cal­ly to food or clot­hing. If one wan­ted to defi­ne secu­ri­ty as a fun­da­men­tal right, it would be accep­ta­ble in terms of fun­da­men­tal rights to vege­ta­te in extre­me secu­ri­ty situa­tions in North Kore­an con­di­ti­ons and wit­hout any free­dom. But that is pre­cis­e­ly what our con­sti­tu­ti­on seeks to pre­vent. On the other hand, it is quite conceiva­ble to live in an inse­cu­re but free country.

The Data Pro­tec­tion Act is curr­ent­ly being revi­sed. What are the most important goals from your point of view?

The most important thing is that the law remains tech­no­lo­gy-neu­tral. We must not make laws for indi­vi­du­al tech­no­lo­gies of which we do not know how they will deve­lop. Tech­no­lo­gy- and appli­ca­ti­on-spe­ci­fic details must be regu­la­ted at a lower level. Other­wi­se, we will have a law with hundreds of artic­les that always lag behind deve­lo­p­ments and have to be revised.

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