Secret contracts of the BAG – data protection recommends disclosure of vaccine contracts – News

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  • The Federal Office of Public Health (BAG) should make the contracts with the vaccine manufacturers public, but listen to the companies concerned. This is recommended by the Federal Data Protection and Information Commissioner (EDÖB).
  • The BAG has so far opposed publication for economic reasons. However, it intends to examine the recommendation.
  • A lawyer had requested access to the vaccine supply contracts based on the Information Act.

The Federal Data Protection Commissioner has now made his recommendation as part of an arbitration procedure initiated by the lawyer. The CH Media newspapers first reported on it. Among other things, the lawyer wanted to know from the BAG what the vaccines have cost so far and how much money is budgeted for them in the future. He relies on that public law.

The public principle of the administration


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This law is intended to promote transparency about the mandate, organization and activities of the administration. To this end, it contributes to the information of the public by ensuring access to official documents. The law of 2003 applies to the federal administration and to organizations and persons under public or private law who do not belong to the federal administration, insofar as they issue decrees or orders of the first instance. It also applies to the Parliamentary Services. The law does not apply to the Swiss National Bank and the Swiss Financial Market Supervisory Authority. (Source: admin.ch)

According to the recommendation of the data protection officer, the BAG is required to observe the principle of proportionality when publishing.

BAG relies on economic arguments

The BAG has so far refused to publish the information, saying that the procurement of the vaccine has not yet been completed. According to the BAG, the required disclosure would weaken Switzerland’s interests in current and future negotiations.

The BAG has taken note of the recommendation, the Federal Office said. The further procedure will be examined. The Federal Office can issue an order against publication within 20 days if it continues to oppose it. If it does so, the Federal Administrative Court must deal with the issue.

Parliament debated the publication of the contracts during the last revision of the Covid 19 law last winter. The National Council would have preferred publication, out of consideration for the protection of professional, business and manufacturing secrets. However, the Council of States was against it and prevailed in the unification conference.

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