- SPK-SR recommends adopting the Federal Council and National Council definition of genetic data.
- High-risk profiling is defined on a risk basis and is based on the personality profile of the applicable law.
- Maximum age for creditworthiness data: SPK-SR proposes five years; minority demands ten years or unlimited register data.
The State Policy Committee of the Council of States (SPK-SR) deliberated on May 18, 2020 and adopted its proposals, which the Council of States will discuss in the summer session 2020 (current flag).
The SPK-SR makes the following proposals (cf. also the Report on the items still outstanding in the procedure for the reconciliation of differences):
- Concept of genetic data: like the Federal Council (which is also what the National Council wants);
- Profiling with high riskHere, the SPK-SR proposes the following legal definition (which would be a simplification compared to the proposal of the Council of States last reading, which would still have worked with two standard examples;1 at the same time, this would in effect reintroduce the concept of a personality profile:
Profiling that entails a high risk to the personality or fundamental rights of the data subject by leading to a Linking data leads, which have a Assessment of essential aspects of the personality of a natural person.
- Credit checkThe SPK-SR also wants to limit the maximum age of raw data to 5 years (Federal Council and Council of States in first reading: 5 years; National Council: 10 years). A minority of the SPK-SR wanted to set the maximum age at ten years and to abolish it for data from public registers (which would make sense: the data can be obtained anew, which would have to trigger the maximum period anew).
For this the Media release:
Following the second discussion of the total revision of the Data Protection Act, the State Policy Committee of the Council of States (SPK‑S) is asking its Council to join the National Council on several points. The National Council’s appeal also did not go unheard when it came to the definition of profiling, as the SPK‑S unanimously came out in favor of a compromise solution on this point. This solution confirms the risk-based approach, but clarifies the definition of high-risk profiling to the effect that it is now based on the definition of personality profiling in current law. In the eyes of the Commission, this enshrines exactly the level of existing law and thus creates legal certainty.
The Commission also proposes, by 7 votes to 3 with 1 abstention, that data used to assess a person’s creditworthiness should not be older than five years. A minority would like to extend this period to 10 years with the National Council and, in addition, allow data from public registers for an unlimited period.