¶ Demand 2: Ban on AI Mass Surveillance
What is reality in China must not even be thinkable in Switzerland.
¶ Core Demand
The ban on AI-powered biometric real-time surveillance in public spaces belongs in the Federal Constitution -- without exceptions for law enforcement or national security. Every instance of biometric surveillance requires a court order.
¶ The Threat
¶ Biometric Real-Time Surveillance
Facial recognition in public spaces enables the seamless tracking of every person -- in real time, without their knowledge. China operates the world's largest biometric surveillance system with over 600 million surveillance cameras [1]. The social credit system links facial recognition with behavioural scoring: anyone who crosses the street on a red light is identified, and the fine is automatically debited from their account [2].
¶ The European Grey Zone
The EU AI Act prohibits biometric real-time identification in public spaces -- in principle. But Article 5(1)(h) contains exceptions: counter-terrorism, searching for kidnapping victims, pursuing serious crimes. These exceptions are the problem. They open the door to creeping expansion [3].
France, on the occasion of the 2024 Olympic Games in Paris, permitted the use of biometric surveillance in public spaces for the first time -- as a "temporary measure". Civil liberties organisations warn: temporary surveillance measures are rarely reversed [4].
¶ Why a Constitutional Ban?
¶ Ordinary Laws Are Not Enough
An ordinary law can be amended by a simple majority. After the next terrorist attack, the next kidnapping, the political pressure would be great enough to introduce exceptions. History shows: surveillance powers are expanded, never curtailed [5].
A constitutional ban requires in Switzerland a popular vote with a majority of both the people and the cantons. This is the highest democratic threshold the Swiss system knows. It is exactly right for a fundamental right that must not be subject to the vagaries of day-to-day politics.
¶ The Swiss Tradition
Switzerland has a historical sensitivity to state surveillance. The secret files scandal of 1989 revealed that Swiss state security had surveilled and kept files on over 900,000 individuals and organisations -- in a country with 6.5 million inhabitants at the time [6]. The political shock led to a parliamentary investigation commission and stricter control mechanisms.
Biometric real-time surveillance would be the secret files scandal in real time -- not index cards in basements, but algorithmic facial recognition in every public square.
¶ Concrete Measures
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Constitutional article: Inclusion of a ban on biometric real-time surveillance in public spaces in the Federal Constitution (new Art. 13a FC).
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Court order requirement: Any form of biometric identification -- including retrospective, including by law enforcement authorities -- requires a court order.
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Technical restrictions: Camera systems in public spaces may not employ facial recognition software. The linking of camera images with biometric databases is prohibited.
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Sanctions: Violations by state bodies are criminally punishable. Responsible officials are personally liable.
¶ Counter-Arguments and Responses
| Objection | Response |
|---|---|
| "Counter-terrorism needs these tools" | Targeted investigations with a court order remain possible. Mass surveillance has no proven preventive effect [7]. |
| "Other countries use it, we fall behind" | Switzerland has never succeeded by copying others. Data protection as a competitive advantage is more valuable than surveillance. |
| "Technology is neutral" | The technology may be neutral. Its application is not. A camera does not recognise a fundamental right. |
¶ Sources
[1] Comparitech, Surveillance Camera Statistics: Which Cities Have the Most CCTV Cameras?, 2024.
[2] Zuboff, Shoshana: The Age of Surveillance Capitalism. PublicAffairs, 2019; reports on China's social credit system.
[3] EU AI Act, Regulation EU 2024/1689, Art. 5(1)(h) (Exceptions for biometric identification).
[4] Le Monde, Amnesty International: Reports on biometric surveillance at the Paris 2024 Olympics.
[6] Parliamentary Investigation Commission (PIC), Secret Files Scandal, 1989. Swiss Federal Archives.