AI and data protection
Artificial intelligence (AI) is penetrating economic and social life in Switzerland as elsewhere. The Federal Data Protection and Information Commissioner (FDPIC) therefore wishes to point out that the Federal Data Protection Act is directly applicable to AI-supported data processing.
The Federal Data Protection Act (FADP) is drafted in a technology-neutral manner and therefore applies to the use of AI-supported data processing. The FDPIC advises manufacturers, providers, and users of such applications that they are legally required to ensure, when developing new technologies and planning their use, that individuals affected are granted the greatest possible degree of control over their personal data and privacy.
Transparent information
In view of the requirements set out in the FADP, manufacturers, providers and users of AI systems must make the purpose, functionality and data sources of AI-based processing transparent. The legal right to transparency is closely linked to the right of data subjects to object to automated data processing or to request that automated individual decisions be reviewed by a human being.
In the case of intelligent language models that communicate directly, users have a legal right to know whether they are speaking or corresponding with a machine and whether the data they have entered is being processed to improve self-learning programs or for other purposes. The use of programs that enable the manipulation of faces, images or voice messages of identifiable persons must also always be clearly indicated; this may even be completely unlawful in a specific case due to prohibitions under criminal law.
Protection of fundamental rights
AI-supported data processing involving high risks is permitted in principle under the FADP provided appropriate measures to protect the data subjects are taken. For this reason, the law requires a data protection impact assessment to be conducted in high-risk cases. Applications which aim to undermine the privacy and informational self-determination protected by the FADP, however, are prohibited under data protection law. These include in particular AI-based data processing as observed in authoritarian states, such as comprehensive facial recognition in real time or the comprehensive observation and evaluation of lifestyle, known as ‘social scoring’.
Further news
Update - Current data protection legislation is directly applicable to AI
Artificial intelligence (AI) is penetrating economic and social life in Switzerland as elsewhere. The FDPIC therefore wishes to point out that the Federal Data Protection Act, which has been in force since 1 September 2023, is directly applicable to AI-supported data processing.
Conclusion of preliminary investigation X formerly Twitter: use of personal data for training the AI Grok
The FDPIC concludes his preliminary investigation into the use of personal data for training the artificial intelligence (AI) Grok. Users of Platform X can object to their public posts being used to train AI.
Current data protection legislation is directly applicable to AI
09.11.2023 – Artificial intelligence (AI) is penetrating economic and social life in Switzerland as elsewhere. The FDPIC therefore wishes to point out that the Federal Data Protection Act, which has been in force since 1 September 2023, is directly applicable to AI-supported data processing.
04.04.2023 - Einsatz von ChatGPT und vergleichbaren KI-gestützten Anwendungen
Nach dem Verbot von ChatGPT in Italien rät der EDÖB Nutzerinnen und Nutzern zu einem bewussten Umgang mit KI-gestützten Anwendungen und erinnert Unternehmen an ihre Pflichten.