In order to assess eligibility for an exemption from the fee under Article 69b paragraph 1 letter, the collection agency may process data that allows conclusions to be drawn as to a person’s health or social assistance claims. The data processing is governed by provisions of the Data Protection Act of 25 September 20201(FADP) that apply to federal bodies.2
The collection agency shall take the organisational and technical measures required to secure the data against unauthorised processing. It may only process data that it obtained in connection with its activities under this Act for the purpose of collecting and enforcing payment of the fee and may only pass on the data to third parties for these purposes.
Data that allow conclusions to be drawn with regard to a person’s health or social insurance claims may not be disclosed to third parties. Such data may be stored by third parties in encrypted form (content encryption). Data may only be decrypted by the collection agency. Persons entrusted with servicing, maintenance or programming tasks may process such data within the information system if this is required in order to carry out their tasks and data security is guaranteed. In doing so, the content of the data may not be modified.
The collection agency must pass on the data required for collecting and enforcing payment to any successor agency in good time and free of charge. Once the data has been passed on, it must permanently delete the data that it no longer requires.