A Swiss federal commissioner announced yesterday that one program between the two countries, which aims to protect the personal information exchanged between the two countries, does not perform to the maximum, while it downgrades the US by listing them as data.
The Federal Commissioner for Data Protection and Information Adrian Lobsiger, in a new policy paper, recommends to the Swiss Companies and to the government of the country to disclose personal data in the US only if the protection of people from "indiscriminate" authorities of the United States.
In July, the EU Supreme Court ruled that the "Privacy Shield" program with the US was invalid, given that the US government can monitor people's data. This complicates business decisions for about 5.000 companies, including tech giants and finance companies. The EU ruling followed a case in which an Austrian activist, Max Schrems, complained about the manipulation of his data in the Facebook.
The Swiss commissioner said the US should be classified as a country that offers insufficient privacy, downgrading the US from its previous ranking to "adequate in certain circumstances". Therefore, the US is now ranked next to countries like RussiaThe China, Cuba, Japan and most countries in Africa and Latin America. At the same time, most European countries are considered to have adequate privacy protection. The recommendations have no legal force, but could influence decisions by corporate leaders or government officials about whether to share private information about Swiss residents and citizens. However, only one court could have the final say in this.
The "Privacy Shield" program focuses on data exchange between operational and guarantees provided by the US authorities for the protection of personal data exchanged between countries, in particular through the collection data from citizens outside the US, to prevent terrorism and protect national security.