After cyber attacks: does Switzerland need a new fundamental right in the constitution?

The Swiss can be sure: their personal freedom is guaranteed by the federal constitution. Article 10 enshrines the fundamental right to physical and mental integrity. But the question is: is this formulation still sufficient in times of advancing digitization?

We are all exposed to increasingly sensitive data online. Opportunities for surveillance and abuse are also increasing at the same rate – the current spate of cyber-attacks bears witness to this.

In the canton of Geneva, citizens are now the first in Switzerland to claim the right to digital integrity. This indicates, for example, that using someone’s data without permission is just as bad as hitting or bullying someone.

The constitutional amendment, initiated by the Geneva-based FDP, was accepted on Sunday with a 94 percent yes vote. It includes, among others, the right to protection against data misuse, the right to an offline life and the right to be forgotten – ie data erasure.

All parties are on board

Other cantons in western Switzerland have similar projects in the pipeline. A parliamentary initiative by National Councilor Samuel Bendahan (SP/VD) also advocates the right to digital integrity at national level. It is co-signed by politicians of all parties and, compared to cantonal templates, is not only intended to regulate the digital relationship between citizen and state, but also to refer to data from companies such as the tech giants.

«The clear vote in Geneva shows that the population does not see their rights protected on the internet. The cyber-attacks of the past few weeks have once again underlined the need for action,” said Bendahan.

But what could a new right to digital integrity actually bring?

Critics argue that the legal provisions are already sufficient today – for example thanks to the Personal Data Protection Act. On the other hand, the execution is lacking. Florent Thouvenin, professor of information and communication law at the University of Zurich, described the introduction of a new fundamental right on the industry portal Inside-IT as “symbolic politics”. In the digital environment, too, it is about a violation of intellectual integrity, which is already enshrined in the constitution, and not about a new, separate digital identity.

Johan Rochel is not deterred by this. The current constitution can be interpreted in different ways, acknowledges the lawyer and ethics researcher at EPF Lausanne. “If you explicitly anchor the right to digital integrity, the starting position becomes clear.” A victim of data theft could one day invoke this fundamental right to litigate in court for inadequate security standards.

Rochel is confident that the right to digital integrity will trigger urgently needed considerations on the part of authorities and businesses, before any effects on judicial processes. “Everyone should ask themselves how specific projects can be reconciled with the new fundamental right. This also applies to the use of new technologies for which there are no specific legal paragraphs.” Artificial intelligence is currently one such case.

“No One Can Close His Eyes”

At the same time, it is clear that the right to digital integrity remains an abstract concept – implementation is therefore crucial here as well.

Digital expert Philippe Thevoz of Sicpa, the world’s largest supplier of security printing inks for banknotes, draws a comparison: “The fundamental right to education only makes sense if the state builds schools. The same goes for the right to digital integrity: there is political will and technological innovations – for example in the field of encryption – so that the state and companies can guarantee security in the digital space.”

Against this background, Sicpa recently opened the “unlimitrust” campus at its headquarters in Prilly, Vaud, which brings together start-ups, companies and researchers from the Federal Institute of Technology in Lausanne. Up to 3,000 people will develop solutions here that create confidence in new technologies.

Thevoz hopes that a right to digital integrity in Switzerland will boost awareness of the problem. “With a fundamental right in the constitution, no one can turn a blind eye to the need for data protection.” (aargauerzeitung.ch)