The Federal Council requested the acceptance of the postulate on August 17, 2016.
Submitted text
The Federal Council is instructed to examine how the following points can be integrated into the revised Federal Data Protection Act so that data requiring special protection, such as medical data, can be protected as well as possible.
With the advent of biobanks, the personalized medicine network, and electronic health records, it has become important to establish strict and uniform regulations for all parties involved regarding the security of data storage, transmission, and access.
1. these data protection provisions should include the future development of internet-enabled medical measuring devices; the data collected in this way must also be protected.
2. the introduction of the principle of “actual” patient consent, in the form of a brief and clear statement, specific to certain particularly sensitive data, would allow for real transparency.
3. the “privacy by default” approach (privacy-friendly default settings) and the “privacy by design” approach (protection of privacy already during development) could be integrated into the data collection models. In this way, only the data that is really necessary would be collected, and it would not be kept longer than necessary.
4. since medical data are also collected by non-medical companies, it would be necessary to review how individuals could be made aware of the risks associated with the transfer of certain personal data.
Justification
“Actual” consent would be a transparent alternative to the current token consent of giving consent to long, legal, and often very complex texts.
Creating more selective data collection models would be a bit more expensive, but it would allow expertise to be gained and Switzerland to establish itself as a specialist in the field. It would be good to make the population aware of the dangers of Big Data. For example, a smartphone with a pedometer transmits information about the owner’s physical condition to the phone manufacturer without him or her knowing where it will end up.