The State Policy and External Relations Commission (SAK) in Bern has proposed a revised funding model for the canton's data protection authority. This new system aims to prevent municipalities from facing double financial burdens for data protection oversight. The proposal suggests that only communities directly supervised by the cantonal authority, and without their own data protection office, should contribute to its costs.
This development follows strong criticism regarding the initial draft of the cantonal data protection law (KDSG) during the summer session of the Grand Council. The initial plan would have required all municipalities to contribute through a communal burden equalization system, including those already managing their own data protection.
Key Takeaways
- New funding model proposed for Bern's data protection authority.
- Only municipalities without their own data protection offices will contribute.
- Aims to prevent double payments by communities.
- Four largest municipalities will retain their own data protection bodies.
Revised Funding to Avoid Double Payments
The core of the SAK's proposal is a per-capita contribution system. Under this model, only those municipalities that are directly subject to the cantonal data protection authority's oversight will share in its operational costs. This change directly addresses concerns raised by various communities and members of the Grand Council.
The previous draft of the KDSG had outlined a financing mechanism for the cantonal data protection authority through the existing communal burden equalization. This structure meant that municipalities which had already established and funded their own local data protection bodies would have effectively paid twice: once for their local service and again for the cantonal authority through the equalization fund.
This issue became a significant point of contention during the Grand Council's summer session debates. Lawmakers and municipal representatives argued that such a system was unfair and fiscally inefficient. The SAK's new proposal is a direct response to these concerns, seeking to create a more equitable distribution of costs.
Fact: Centralized Oversight
Following the revision of the KDSG, the cantonal data protection authority will primarily handle oversight at both cantonal and municipal levels. This centralisation aims to streamline processes and ensure consistent application of data protection standards across Bern.
Impact on Municipalities and Oversight Structure
Under the proposed revised KDSG, the cantonal data protection authority will assume central oversight for data protection across the canton and its municipalities. This centralization aims to ensure consistent application of data protection standards.
However, an important exception is being maintained for the canton's four largest municipalities. Bern, Biel, Köniz, and Thun will continue to operate their own independent data protection supervisory bodies. These larger urban centers often handle a greater volume and complexity of data, justifying their dedicated local oversight.
"This new system ensures that financial contributions are directly tied to the services received, preventing any municipality from paying for oversight they already provide themselves," a spokesperson familiar with the SAK's discussions stated, emphasizing the principle of fairness.
The decision to allow these four municipalities to retain their own offices acknowledges their unique administrative capacities and the specific data protection challenges they face. For the remaining, smaller communities, the cantonal authority will serve as their primary data protection oversight body, funded by their per-capita contributions.
Next Steps in the Legislative Process
The Grand Council is scheduled to discuss the new KDSG, including the SAK's proposed financing model, during its winter session for a second reading. This will be a critical phase for the legislation, as members will debate the specifics of the revised funding and oversight structures.
The SAK's recommendation represents a significant shift from the original draft, reflecting a responsiveness to municipal feedback. Should the revised model be adopted, it would establish a clearer and, according to proponents, fairer financial framework for data protection across the Canton of Bern.
Background on Data Protection
Data protection laws are crucial for safeguarding personal information in an increasingly digital world. They regulate how public and private entities collect, store, and process data. Effective oversight ensures compliance and protects individual privacy rights. The Canton of Bern, like other Swiss cantons, is updating its laws to align with modern data protection standards and practices.
Ensuring Fair Contributions
The per-capita contribution system is designed to be transparent and directly linked to the population size of the municipalities that rely on the cantonal authority. This approach aims to distribute costs equitably among the benefiting communities, avoiding disproportionate burdens on smaller towns and villages.
- Transparency: Costs are clearly allocated based on population.
- Equity: Only those benefiting directly contribute financially.
- Efficiency: Prevents duplication of administrative and financial efforts.
This legislative process highlights the ongoing effort to balance centralized governance with local autonomy, especially in critical areas like data privacy. The outcome of the winter session will significantly shape how data protection is managed and financed in Bern for years to come.