Vischer parliamentary initiative (14.413): Basic right to informational self-determination
Follow up given (20.08.2015)
Submitted text
Based on Article 160 paragraph 1 of the Federal Constitution and Article 107 of the Parliamentary Act, I submit the following parliamentary initiative:
Article 13(2) of the Federal Constitution should be amended so that data protection becomes a fundamental right to informational self-determination instead of a protection against abuse.
Justification
The NSA scandal is not the only reason why data protection has gained new importance and attention in Switzerland. In general, the risks posed by the technological possibilities of modern data processing, which are being perfected at a horrendous pace, endanger the free development of the personality. For anyone who does not know or cannot influence what information relating to his or her behavior is stored and kept on hand is restricted in his or her behavior. This not only affects individual freedom of action, but also the common good, because a free and democratic society depends on the self-determined participation of its citizens.
The data protection guaranteed in the Federal Constitution pursuant to Article 13 (2) of the Federal Constitution merely protects the individual from abuse. This leads namely to the result that the burden of proof of the restriction of fundamental rights is distributed at the expense of the citizens and not the state or the Internet operators. With the expansion of the constitutional provision in the requested sense, a new constitutional basis is created to change this.
So far, similar projects have failed. The experience of the past few months, however, suggests an urgent need for action.