From the magazine SZW-RSDA 1/2020 | S. 27-34 The following page is 27

Automatisierte Entscheidungen: Perspektive Datenschutzrecht und ­öffentliche Verwaltung

In the area of government action, automated individual decisions in the sense of the draft revision of the Swiss Federal Data Protection Act (E-DSG) are fully automated decrees. Art. 19 E-DSG provides, on the one hand, for a labelling obligation for such decrees and, on the other hand, for certain decisions, the person concerned is granted the opportunity, upon request, to state his point of view and to demand that the decision be reviewed by a natural person. However, this means that the proposed provision does not go beyond what is already guaranteed in general procedural law on the basis of the right to be heard (Art. 29 (2) of the Federal Constitution). At the same time, it should be noted that Art. 19 E-DSG does not provide an answer to problems currently discussed in connection with automated decision support (keyword «artificial intelligence»). The challenge in this context is in particular to enable people to make comprehensible and non-discriminatory decisions based on…

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