Government Councilor Jacqueline Fehr on the data scandal

Why wasn’t the public informed about the data leak sooner?

In November 2020, we in the Department of Justice discussed this in detail and considered whether we should make the data theft public. My basic communication policy at the time, always providing transparent information as quickly as possible, spoke in favor of this. On the other hand, we knew practically nothing at the time and might have caused unnecessary excitement. After the completion of the administrative investigation in March 2021, we discussed the publication intensively. However, the data protection officer made it clear in her statement that she does not consider public disclosure in the present constellation to be expedient. We stuck to that. In retrospect, one can criticize this communication strategy. I’m not sure myself if I would do it the same way again in a similar situation.

You have informed the Business Audit Commission (GPK) about the investigation that has been initiated, but not about the result. Why?

There are talks with the GPK every six months. In spring 2021 I informed the relevant speaker. He stopped asking questions the following fall, and to be honest, the subject wasn’t high on my priority list at the time. At that time we were in the middle of the corona pandemic and had our heads elsewhere here and there. No further questions were received from the GPK. The results of the investigation are not so spectacular that we felt it was urgent to inform the GPK. In hindsight I have to say that was a mistake and I will make up for it.

When and within what framework did you inform the entire government council about the investigation?

In November 2021. At that time it was about awarding a large order to the cleaning company. I informed the government and at the same time asked whether our cleaning staff had actually been subjected to a security check. I did not then provide any further information because the investigation was within my area of ​​responsibility, no expenditure approval was necessary and, in principle, no information is given about any administrative investigations in other directorates.

Has the final report been submitted to the government yet?

No, not yet.

Is there evidence that the destruction of physical files in 2019 served to eliminate evidence?

This extermination action makes the processing more difficult, and that is very regrettable. We do not know whether these files would have contributed to our incrimination or exoneration. My understanding of the announced extension of the criminal investigation is that this incident will also be investigated. It will have to be clarified in criminal proceedings whether intent or negligence applied.

Have the data subjects been informed that their data may have become public?

We have followed the recommendation of the data protection officer, who says the following in their statement: The data protection officer has no information on how many people are affected by the unauthorized processing of personal data. Those people whose documents have been leaked to the public prosecutor’s office are likely to be known. However, since the content of the documents from the data protection officer is not known either, it is not possible to judge how severely the fundamental rights of those affected are affected.

The SVP calls for the use of a parliamentary commission of inquiry (PUK) to investigate the data leak. How do you feel about this?

I welcome any investigation that politicians make. I am always very open to investigations by the Business Audit Commission (GPK). When an investigation finds something, it’s important for us to know. If she doesn’t find anything, we’re reassured and can turn to other tasks. If the cantonal council now demands a PUK, the first thing I read is a vote of no confidence in the GPK. But if a parliamentary commission of inquiry is set up, we will work constructively with it.

Are other directorates also affected by the data leak?

We have no indication of that.

You regularly emphasize that you value transparency towards the public. According to the SVP, a prisoner recently committed crimes during his leave from prison. The party criticizes that you did not provide information about this either.

This is misinformation. The incident happened very differently.

Recorded by Isabel Heusser