Name, contact details, booking location and payment information: Anyone who buys a flight ticket leaves a data trail. In Switzerland alone, about 60 million such data sets are generated every year. More than 60 countries around the world are systematically evaluating this information in the fight against terrorism and organized crime.
However, it still has no legal basis in Switzerland. Justice Minister Karin Keller-Sutter (58) now wants to change that with the so-called Air Passenger Act. This is what is expected of Switzerland internationally. An agency with an estimated 20 to 30 employees will then be created at the Federal Police Office (FedPoll) to evaluate the data.
Gathering frenzy goes too far for parties
Only: Keller-Sutter’s plans face widespread resistance from the parties. This is shown by comments on the public consultation draft. Shortly before the consultation period ended at the end of July, it became clear that there were considerable concerns both left and right.
Law and order party SVP welcomes exchange of data on suspects or people wanted on warrant. However, extensive storage of all passenger data in reserve is going too far. A storage time of six months and even five years in anonymity is unnecessary, too expensive and too long for reasons of data security.
The SVP refers to the guidelines of the European Court of Justice, which it otherwise dislikes. Accordingly, if there is no clear doubt, all personal data should be deleted after six months. The data is also passed not automatically, but only in concrete cases of doubt.
SP doubts its effectiveness
The SVP says it almost matches the previous exercise of the Intelligence Service (NDB). Therefore, she thinks it makes more sense to adjust her powers rather than create a “new, costly and highly bureaucratic body” that will take over the work of the FIS.
Similar criticism comes from Left-Green. SP also refers to proportionality and data security. “Furthermore, we do not consider the argument that such systematic processing of multiple flight passenger data could actually effectively combat terrorism and other serious crimes,” the party notes. “It is questionable whether terrorists and other serious criminals actually use scheduled flights and thereby reveal their true identities.”
Greens, in turn, speaks of “massive, disproportionate interference” in the fundamental rights of air travelers.
The Association of Digital Societies also speaks of the erosion of the fundamental rights of all people in Switzerland. She explicitly opposes the “planned new mass surveillance and data retention”, not using “the perceived increase in security for society as a whole” to justify it.
So far support only from the middle
So far, Keller-Sutter has only received the support of the Mitte Party. With the prospect of being able to process flight passenger data in the future, Switzerland is showing solidarity with the rest of Europe, “as it does not want to allow any security gaps in the Schengen system”.
It is important that the template is already based on the new data protection law, which is due to come into force in 2023. Data processing is permitted for legal purposes only and hits have to be double checked. “The data security of passengers in the middle is adequately guaranteed.”
The FDP Federal Counselor can still expect help from his or her own rank. However, Freesin doesn’t put too much heart and soul into the template. The FDP delayed its statement and had to apply for an extension of the deadline.
Due to a lack of resources, the Green Liberals even decided not to comment. National counselor and data protection expert Jörg Mader (47) also shows skepticism: “This kind of data retention goes in the wrong direction for me,” he explains.
