Swiss-US Privacy Shield... No longer a valid transfer mechanism

After I blogged about the fate of the EU-US Privacy Shield, the next question was what would occur to its twin sibling the Swiss-US Privacy Shield. The odds on favorite was that the Swiss-US Privacy Shield would be stricken for the same reasons.

Today, the Swiss Data Protection Authority, the Federal Data Protection and Information Commissioner (FDPIC), determined that the Swiss-US Privacy Shield does not provide an adequate level of data protection to data transferred to the US using it (see link to publication, see link to position paper). The same issues afflicted the Swiss-US Privacy Shield: a lack of transparency and a lack of a right of legal recourse. Thus, the Swiss-US Privacy Shield is no longer a valid mechanism to transfer data from Switzerland to the US.