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Information Technology
Switzerland
Daniel Thür, the data protection officer, has launched a proceeding in which he claims Google Street View violates the privacy rights of individuals who are identifiable from its images. This development is welcome and long overdue in order to discipline Google for prioritizing its own financial interests above the interests of those persons whose privacy rights it is violating.
Telecommunications
Switzerland
A recent decision confirms that historic ancillary communications data must be made accessible for the investigation of suspected crimes. However, since internet service providers (ISPs) are legally obliged to store historical data for a period of six months only, this decision is not overly burdensome. If an ISP stores data stored beyond this six-month period, it may be required to make this available in case of an investigation.
Two guidelines regarding lawful interception were recently revised and have subsequently entered into force, while a third guideline has been published for the first time. The main amendments include the delivery method for circuit-switched services and defining which information must be provided to the interception service for each addressing resource.
Sunrise Communications AG requested a review of prices for the resale of telephone access. The Federal Communication Commission concluded that Swisscom (Schweiz) AG should reduce the price that it charges for the resale of telephone numbers. Swisscom appealed and the Federal Administrative Court largely upheld the appeal.
In a recent decision, the Federal Supreme Court laid down principles that can be applied to state-owned enterprises in competition with privately owned telecommunications enterprises. It is not uncommon for public entities to extend their activity beyond their monopoly; however, they must adhere to strict principles to prevent the public enterprise from cross-subsidising private sector telecommunications activity.
The Federal Council recently issued a new report on the telecommunications market. This follows a similar report published in 2010, which identified several shortcomings in the regulatory system, but found no urgent need for the legal framework to be revised. The 2012 report concludes that the existing legal framework could be improved, as its deficiencies have become more evident over time.
The Federal Administrative Court has largely rejected an appeal filed by Swisscom against a Federal Communication Commission (ComCom) decision that Swisscom be required to offer leased lines at cost-oriented prices. The court remanded the case to ComCom for a technical correction to the cost allocation for the splicing costs.
