Switzerland: Adopted FDPIC guidance on the Federal Act on Data Protection applicability to AI-supported data processing

On 9 November 2023, the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued a statement regarding the Federal Act on Data Protection (FADP) applicability to Artificial Intelligence (AI). FDPIC emphasises the duty of manufacturers, providers and users of AI applications to ensure that data protection regulations are complied with. Furthermore, the FDPIC stated that the federal administration of Switzerland is evaluating different approaches for the regulation of AI, and recommendations will be submitted by the end of 2024, and noted that data protection regulations must be complied with regardless of the future regulatory approach. The FADP specified that AI providers are required to comply with transparency requirements and conduct data protection impact assessments. In addition, the FDPIC noted that under FADP, comprehensive facial recognition and social scoring are considered high-risk.