The National Council’s State Policy Commission (SPK‑N) has completed the preliminary consultation of the revised FDPA (17.059) was completed. In the overall vote, however, the bill was approved by a very narrow margin of 9 votes to 9 with 7 abstentions and a casting vote by the President, which is not surprising given the collision of the interests of consumer protection, trade and industry.
The Media release of the SPK‑N According to the report, the version passed for the attention of the National Council contains the following main points:
- The FDPIC should no longer be elected by the Federal Council, but by the Federal Assembly.
- There will be a right to Data portability has been introduced. Accordingly, any person can request a service provider to hand over personal data relating to him or her in a common format so that this data can be transferred to another service provider. A minority apparently wanted to (via the GDPR Furthermore) that this right applies to all personal data and not only to those which the person has disclosed.
- Data about Social assistance measures are no longer particularly worthy of protection because it may be in the interest of contractors, providers, or the public to know whether a person is receiving social assistance.Also, data on union activities should no longer fall into this category, but instead genetic data.
- Theoretically explosive, practically probably less so: Foreign companieswho offer services in Switzerland are to be registered in to the FDPA hold and a Representative in Switzerland.
- The separate regulation for handling the data deceased persons should deleted be
- By a clear majority, the commission wants to approve the Federal Council’s proposed Sanction system adopt, i.e. a system of criminal sanctions against natural persons (namely executives). Legal persons should be able to be sanctioned only in certain cases. However, the Commission has adopted a postulate (18.4100), which instructs the Federal Council to examine the general introduction of pecuniary administrative sanctions in Swiss law. The maximum amount of the fines should be CHF 250,000 remain. Two minorities are in favor of higher fines.
- The revised FDPA should two years after expiry of the referendum period come into force.
- The Commission has submitted several motions calling on the Federal Council to complete the data protection provisions in other federal laws (19.3960, 19.3961, 19.3962, 19.3963, 19.3964, 19.3965).