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After unanimously deciding to take up the bill on air passenger data at its August session, the Security Policy Commission of the National Council (CPS-N) decided to propose to its council to make several clarifications to the law.
Thus, it wishes to specify that the obligation to communicate data relating to air passengers only concerns flights that air transport companies carry out themselves. Additionally, airlines should only collect the data they actually need to process the reservation. The CPS-N therefore wishes to align itself as closely as possible with international standards.
Furthermore, the commission does not want a more sophisticated solution specific to Switzerland (‘Swiss Finish’), which would disadvantage Swiss air transport companies. This is why it requests that Swiss air transport companies be able to communicate data relating to air passengers to another State even if Switzerland has not yet been able to negotiate an international treaty to this effect, on the condition however that the State concerned guarantees compliance with clearly defined data protection standards.
These proposed amendments were adopted unanimously. By 22 votes to 0 and 3 abstentions, the CPS-N decided in particular that in art. 20, par. 3, the president of the competent court of the Federal Administrative Court may decide, in place of the entire college, concerning the lifting of pseudonymization in the event of an emergency. The CPS-N thus wishes to facilitate compliance with short decision deadlines.
The committee, however, rejected the proposals who requested immediate pseudonymization of data or to waive data retention. Proposals to design risk profiles more restrictively or to entrust the examination of risk profiles to the Federal Administrative Court rather than the Federal Council were both rejected. A proposal intended to restrict the circle of states and organizations with which the Federal Council can conclude international treaties on the reciprocal communication of data relating to air passengers was also rejected.
The committee also rejected proposals to regulate non-commercial air transport of people (private aviation) directly in law and to request further clarification on this subject through a postulate report. When voting on the whole, the commission unanimously proposed to its council to adopt the project. This will be dealt with by the National Council at the winter session. (OF)
