Switzerland: FDPIC publishes 2019-2020 Annual Report
The Federal Data Protection and Information Commissioner ('FDPIC') published, on 30 June 2020, its Annual Report for 2019-2020 ('the Annual Report') outlining the main challenges and activities of the FDPIC with respect to data protection and freedom of information, as well as key statistics. In particular, and with regard to data protection, the Annual Report highlights, among other things, the developments surrounding the revision of the Federal Act on Data Protection 1992, the challenge of developing a US-Swiss Privacy Shield, in light of the C-311/18 - Facebook Ireland and Schrems ('Schrems II') that is pending before the Court of Justice of the European Union ('CJEU'), and certain key cases that the FDPIC was involved in, such as Clearview AI's use of facial images without consent, the marketing of mobility data collected by mobile phones, a Swisscom data breach, as well as the transfer of users' GPS data to the provider of a music streaming service.
In addition, the Annual Report notes that Switzerland's accession to the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data ('Convention 108+) will be key in the pending review by the EU of Switzerland's adequacy status, while also outlining data protection issues in different sectors, including health and employment, such as time recording and tracking by use of apps in the work environment. Moreover, the Annual Report provides an overview of FDPIC's supervisory role with regard to the Libra cryptocurrency project to ensure that the project guarantees protection of users' data.