AI translation of the German original. Legal references and sources remain those of the original document. German version.
¶ Automatic Opening and Objection
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¶ From Active Application to Objection
The proposed opt-out model reverses the default: the canton informs the person concerned; without a timely objection, automatic opening follows. The draft covers domicile or habitual residence under social insurance law, subject to further statutory conditions. The heading "everyone in Switzerland" is therefore a simplified description. Art. 20–21
¶ 60 Days at the First Launch, Thereafter 45 Days
| Case Under the Proposed Rule | Deadline from Receipt of Information |
|---|---|
| First automatic opening for the population already resident | 60 days |
| Regular procedure, e.g. after subsequent relocation or a birth | 45 days |
This distinction arises from Art. 46 para. 8 and Art. 21. It is also retained in the National Council version. A blanket statement of "only 45 days at initial creation" omits the transitional rule. Draft, Art. 21 and 46 Decision document, pp. 17 and 30
¶ What Is Possible Today
The new objection procedure does not yet exist. The cantons are to inform the population before introduction. An existing EPD remains subject to the existing law. FOPH: Innovations not yet in force
¶ Why Opt-Out Is Politically Controversial
The FDPIC stated in the 2023/2024 activity report on the revision proposal at that time that active consent better guarantees self-determination. That is an earlier supervisory position, not a definitive ruling on the subsequent National Council version. Activity report, section on electronic patient dossier
Editorial assessment: A right to object provides practical protection only if the letter is understood, help is reachable and opting out works simply. For this reason, access without a smartphone, comprehensible languages, representation and a traceable acknowledgement of receipt are important review points.
Further: Data Access and Dissolution · Open Implementation Issues