The Federal Data Protection and Information Commissioner (FDPIC) of Switzerland has released guidance affirming that the current Data Protection Act (DPA), effective since 1 September 2023, is directly applicable to data processing operations involving AI. The guidance notes that (1) the DPA, formulated in a technology-neutral manner, mandates transparency in AI operations, requiring disclosure of the purpose, operation, and data sources; (2) the DPA stipulates the right of data subjects to object to automated processing and to request human review of automated decisions; and (3) high-risk AI applications necessitate data protection impact assessments, while applications undermining privacy, such as large-scale, real-time facial recognition or the global surveillance and assessment of individuals’ lifestyles, are prohibited.
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