Swiss proposal for new data protection law missing a data portability right

dataprotection
personal_data

#1

Switzerland is due to modernize its data protection law, in order to keep up with changes at the European level. The draft has just been released, and does not include a right to “data portability”, which is disappointing and problematic.

See the official page for the consultation, and particularly section 1.6.4 of the bericht/rapport.

I intend to comment officially and participate in the consultation. Maybe OpenData.ch, the Swiss chapter of Open Knowledge, can participate?


#2

Preliminary comment: the rejection is based on three arguments, all very weak:

  • that it requires cooperation between data controllers (not really true for portability, and the right to portability could be weakened to a right of copy to weaken that concern);
  • that it is mainly meant to create economic competition between data controllers, and not meant to protect personality (ignores that winner-take-all effects create externalities, including on other fundamental rights);
  • that the costs of compliance would be large (Swiss companies offering their services to EU citizens will have to implement portability systems anyways, due to extraterritoriality of GDPR)

#3

Additional comment: it looks like the consultation period extends until March 2017 or so, but it is left very vague.