Postulate Alleman (16.3789): Digitization in public transport. Challenges in the area of data protection
Rejection of the postulate requested.
Submitted text
The Federal Council is instructed to examine and report on the challenges that digitization in public transport (ÖV), in particular in digital ÖV ticketing, poses for the handling of data and data protection. In particular, it is to be examined what new regulations are to be made in the following cases: in which cases personal data may be recorded, how long this data may be retained, for what purpose the data may be used, who is granted access to the data, when data must be anonymized and deleted.
Justification
Digital ticketing systems simplify the use of public transportation. While other countries are already well advanced, Switzerland is only at the beginning of this development. The Swiss Pass is a first step toward nationwide digital ticketing. But mobile phone applications for solving e‑tickets are also becoming more widespread and allow significant steps to be taken toward increasing the customer-friendliness of public transport.
Digitization also presents us with new challenges in the area of data protection, among other things. Today, public transport companies have relatively great freedom in this regard. At the same time, they have a responsibility to prevent misuse of the data and to comply with data protection regulations that were created before digital ticketing systems existed.
The Federal Council is therefore instructed to examine what new challenges digitization in public transport poses in the area of data protection. In particular, it must be examined whether the existing regulations are sufficient to take into account the interests of consumers in the protection of their personal data, or whether additional regulations are necessary. At the same time, however, it must also be ensured that any new regulations permit further development of digital ticketing systems and thus do not block technical developments.
Statement of the Federal Council of November 16, 2016
The Federal Council attaches great importance to digitization. It believes that it opens up major opportunities for the development of public transport that are in the interests of society as a whole. Various issues are being addressed, such as how the technical possibilities can be optimally exploited while at the same time containing the risks of misuse. This is one of the issues addressed by the Federal Council’s Digital Switzerland Strategy of April 2016, which aims to achieve a coherent and forward-looking data policy in the medium to long term. Work began in spring 2016, and initial results are expected in the second half of 2017.
The legal framework for digitization in public transport can be found in the Data Protection Act and in Article 54 of the Passenger Transportation Act.
This Article 54 was already enacted with regard to the introduction of an electronic ticketing system. It provides a legal basis for processing personal data requiring special protection, insofar as this is necessary for passenger transportation. Article 4 of the Data Protection Act also states that no more data than necessary may be processed. These must be anonymized or deleted after processing. Furthermore, the data may only be used for the intended purposes. The purposes must be recognizable to the persons concerned.
The Association of Public Transport (VöV) and SBB are currently examining which data may be processed by whom within the framework of future fare and ticket models, describing the precise purposes, and whether a legal basis needs to be created for this. In this way, the principle of “data protection through technology design” is to be taken into account from the outset. The project analysis produced will enable the Federal Data Protection Commissioner (Edöb) to assess whether the planned data processing operations comply with data protection requirements.
Should the presentations of VöV and SBB show that additional legal bases would be required, the preparation of a dispatch or the adaptation of corresponding ordinances would have to be examined.
The concern of the postulate to examine whether additional regulations are necessary is therefore achieved. An additional report can be dispensed with. The Federal Council will be happy to inform the relevant parliamentary committees about the results in due course.