The fallout from the Schrems II judgment continued with an announcement from Switzerland’s Federal Data Protection and Information Commissioner (FDPIC) that the Swiss-US Privacy Shield regime “does not provide an adequate level of protection for data transfer from Switzerland to the US pursuant to [Switzerland’s] Federal Act on Data Protection (FADP).” In a seven-page policy paper, the FDPIC observed that although Switzerland is not bound by the CJEU’s Schrems II decision and there is no comparable Swiss legal decision, it nonetheless felt “compelled not only to reassess the current position of the US on” Switzerland’s list of countries with adequate data protections, “but also to provide more detailed legal justification for” its decision to amend that list with respect to the US. Tracking the Schrems II decision, the FDPIC concluded that the potential impact of US surveillance laws on Swiss residents’ personal data without adequate redress is “irreconcilable with” the privacy rights guaranteed by FADP.

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