Sharing data in a self-determined way – Recommendations for Swiss data policy

The following recommendations are based on a 35-page working paper (PDF) coordinated by the SATW.

1. Create an overarching framework for trustworthy data spaces

The federal government should create a legal framework that addresses the overarching challenges that arise when building trustworthy data spaces in various application areas, thereby promoting better use of personal data. A framework law for the secondary use of data could achieve this. The aforementioned code of conduct provides important aspects that should be incorporated. In addition, the two concepts of privacy-by-design and privacy-by-default must be considered when planning and designing data spaces.

 2. Empower citizens to share their data in a self-determined manner

In order to counter reservations, great attention must be paid to the digital self-determination of citizens. To this end, it is essential to invest in the data literacy of all stakeholders. The federal government and other actors from science, business and civil society should pursue this together. Citizens need transparency about what data is collected about them and how it is used. This aspect must be enshrined in a framework law. In addition, they should have the most effective access possible to, and control over, the data concerning them. Policymakers should examine whether further legislation is required for this or whether it can be achieved in other ways.

3. Adequately consider the interests of the economy

Switzerland must create suitable framework conditions to prevent it from becoming dependent on foreign companies in areas of national importance. In order for all stakeholders to actively participate in and benefit from data spaces, they must jointly define requirements for data spaces. Economic freedom should be taken into account. Compensation for expenses such as the collection of data or ensuring its quality must be taken into account. Regardless of this, infrastructures are needed that depend on initial funding from the public sector.

4. Pursue a common vision in a participatory approach

In order to create broadly supported framework conditions, suitable structures are needed to support a regular exchange of knowledge and an ongoing dialogue between the various stakeholders throughout the entire process. A common vision can only be found and pursued if the process is realized with the participation of all interest groups.

As part of the “Digital Switzerland Strategy,” the federal government should initiate an ongoing discussion with the aim of establishing a data usage culture in Switzerland, as has already proven successful in Scandinavian countries. If mandated accordingly, the Digital Self-Determination Network, in collaboration with sectoral stakeholders and other existing networks, could accomplish this.

5. Ensure international interoperability

Interoperability between different data spaces at both the Swiss and international level is central and must be ensured. In this respect, it is important to follow EU initiatives such as Gaia-X . Exchange with European and other foreign interest groups must be actively pursued for this purpose. This concerns not only federal offices such as BAKOM and the DV, but also sector-specific economic actors.