Administration must review rules on social networks
The Federal Administration is to show how social networks could be forced to hand over personal data in the event of illegal content. The Legal Affairs Committee of the Council of States has ordered a report with proposed solutions.
It sees a need for action, writes the Commission in a statement on Tuesday. The Council of States had referred a motion by Christian Levrat (SP/FR) to it for preliminary examination.
This was triggered by a Federal Supreme Court ruling. The court ruled that the public prosecutor's office of the canton of Vaud cannot oblige Facebook Switzerland to hand over the personal data of a Facebook account that was allegedly opened in Switzerland. Anti-Semitic statements had been posted on this account.
The judges argued that the release of data can only be ordered against someone who actually owns or possesses the data. However, Facebook Switzerland is only responsible for marketing issues. Ireland holds the data of Swiss users. This means that they would have to be requested via legal assistance proceedings.
With his proposal, Levrat therefore demanded that social networks providing services for Swiss consumers must have a representative in Switzerland. This should provide data in criminal proceedings.
In the view of the Federal Council, however, this is the wrong approach. Companies could hardly be obliged to establish a representative office in Switzerland, it wrote in its response to the motion. Solutions should primarily be sought within the framework of international cooperation. (SDA)
