Data Protection Day 2026: Uses of generative AI and data protection issues
28 January marks International Data Protection Day. As part of a public conference organised by the University of Lausanne to mark the occasion, the FDPIC spoke about data protection issues related to the use of generative AI.
To mark International Data Protection Day, the Faculty of Law, Criminal Sciences and Public Administration at the University of Lausanne organised a public conference on the theme of ‘Uses of generative AI and personal data protection issues’ in collaboration with the Federal Data Protection and Information Commissioner (FDPIC), the University of Geneva's Centre for Information Technology and ThinkServices.
Joël de Montmollin, head of health, labour and education issues at the FDPIC, presented the FDPIC's perspective on generative AI, as well as feedback on experience in this area.
He began by highlighting the following distinction: (generative) AI as such is not subject to the LPD or the jurisdiction of the FDPIC. However, it does become subject to these when it processes personal data. The DPA, which is formulated in a technologically neutral manner, is then directly applicable. In this context, he highlighted the importance of the principle of transparency, which is a prerequisite for the right to informational self-determination: in particular, users must be able to recognise when they are dealing with AI, as well as how the data from their prompts may be used.
Finally, the FDPIC's recent activities in relation to AI were briefly mentioned (see short news on FDPIC's website):
Closure of preliminary investigation into Coop: Use of intelligent video surveillance cameras at automatic checkouts
The FDPIC is closing its preliminary investigation into the artificial intelligence surveillance cameras used by Coop Group. A formal investigation will not be opened. Examination of the case showed that data was processed in compliance with the Data Protection Act.
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.
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.
The Council of Europe Convention on the Protection of Personal Data, also known as ‘Convention 108’, was opened for signature on 28 January 1981. Celebrated every 28 January throughout Europe and across the Atlantic, International Data Protection Day was established in 2007. Its aim is not only to raise citizens' awareness of the importance of privacy protection and the right to informational self-determination, but also to bring about a lasting change in behaviour in the use of new technologies.