Switzerland: Federal Data Protection and Information Commissioner released guidance on applicability of data protection law to artificial intelligence

On 8 May 2025, the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland released guidance affirming that the current Data Protection Act (DPA), effective since 1 September 2023, is directly applicable to data processing operations involving artificial intelligence (AI). The guidance was issued following Switzerland's signing of the Council of Europe Convention on Artificial Intelligence and Human Rights in March 2025. The FDPIC noted that the DPA, formulated in a technology-neutral manner, mandates transparency in AI operations, requiring disclosure of the purpose, operation, and data sources. Additionally, the DPA stipulates the right of data subjects to object to automated processing and to request human review of automated decisions. 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.