Parliamentary initiative Leutenegger-Oberholzer (16.409): Election procedure for the Federal Data Protection and Information Commissioner
Not yet discussed in the Council.
Based on Article 160 paragraph 1 of the Federal Constitution and Article 107 of the Parliamentary Act, I submit the following parliamentary initiative:
The Data Protection Act (DPA) and, if necessary, the Parliamentary Act (PPA) must be amended so that the election of the Federal Data Protection and Information Commissioner is no longer carried out by the Federal Council with subsequent approval by the Federal Assembly, but by the United Federal Assembly.
The election of the Federal Data Protection and Information Commissioner is currently the responsibility of the Federal Council. The Federal Assembly must approve the election. The right of approval was newly introduced with the revision of the Federal Data Protection Act of 19 March 2010 (Dispatch 09.073). At the time, Parliament considered the right to have a say, even in the form of mere approval of the Federal Council election, to be progress. It increased the legitimacy of the elected person.
Today, this dichotomy proves unsatisfactory. The election/selection by the Federal Council with subsequent approval by the Federal Assembly does not allow for a suitability assessment of the candidate by parliament. Parliament is not involved in the tendering and selection process. The Judicial Commission merely carries out a more or less formal examination as to whether the procedure by the Federal Council has been carried out correctly.
It is appropriate to transfer the entire election/selection procedure of the data protection commissioner integrally to the parliament. With the Judicial Commission, Parliament has an upstream commission that has a great deal of experience with regard to the preparation of elections of persons. The Judicial Commission of both Councils already prepares, among other things, the election of federal judges and the Federal Prosecutor and deputies for the United Federal Assembly.