04.06.2021 - At its press conference today, the Federal Council explained the creation and introduction of the COVID-19 certificate. By offering the option of providing certificates in paper form, and creating an additional minimal data QR code for use in Switzerland, the Federal Council has dispelled key concerns raised by the Federal Data Protection and Information Commissioner (FDPIC).
Covid certificate dispels major data protection concerns
In line with his statutory duties, in recent weeks the FDPIC has been advising the Federal Office of Public Health (FOPH) and the Federal Office of Information Technology, Systems and Telecommunication (FOITT) on the legal and technical development of the COVID-19 certificate. For the most part, the offices have taken account of the data protection concerns raised by the Commissioner.
- The Commissioner firstly welcomes the fact that the certificate can not only be used on electronic devices, but will also be available in paper form – this avoids creating a de facto obligation for everyone to carry a smartphone.
- Secondly the Commissioner was successful in ensuring that the FOITT was instructed to develop a second, minimal data QR code for use in Switzerland, in addition to the EU-compatible QR code for cross-border travel. This second code guarantees a minimum of data will be visible when reading the certificate. Persons using this second code prevent unauthorised software being used when scanning certificates to ascertain why a certificate is valid or invalid. This means, for example, that staff checking persons entering a large-scale event will be unable to find out whether a certificate holder is entitled to attend the event because he or she has been vaccinated, has recovered from the disease or has tested negative.
Given that information on vaccination, testing and recovery are data on a person’s health condition, the Commissioner nevertheless views with some concern that, ahead of the certificate’s introduction, "sufficient evidence" will be accepted at pilot events during a transitional phase. He also regrets that the minimal data QR code can only be made available to the population in a second phase. He will undertake to ensure that these transitional arrangements apply for as short a time as possible.
Last modification 14.11.2023