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Red Cross Data Processing Exemption

The Red Cross Data Processing Exemption is a specific factor that limits the applicability of data protection laws by excluding certain activities of the International Committee of the Red Cross (ICRC) from their scope.

Provision

"FADP Art.2(2)(e) in Switzerland: It does not apply to:e.personal data processed by the International Committee of the Red Cross"

Description

This applicability factor creates a specific exemption for data processing activities carried out by the International Committee of the Red Cross (ICRC). The rationale behind this exemption likely stems from the unique status and mandate of the ICRC as an impartial, neutral, and independent organization with a humanitarian mission.The Swiss Federal Act on Data Protection (FADP) explicitly excludes

"personal data processed by the International Committee of the Red Cross"

from its scope of application. This broad exemption appears to cover all data processing activities of the ICRC, regardless of the nature or purpose of the processing.

The inclusion of this exemption in Swiss law is particularly noteworthy given that the ICRC is headquartered in Geneva, Switzerland. This provision likely aims to facilitate the ICRC's humanitarian work by reducing regulatory burdens and recognizing its unique international legal status.

Implications

This exemption has several potential implications for data processing:

  1. ICRC operations involving personal data are not subject to FADP requirements. For example:
    • Collecting and processing information about victims of armed conflicts
    • Managing databases of detainees visited by ICRC delegates
    • Handling personal data for family reunification services
  2. Organizations collaborating with or providing services to the ICRC may need to consider the implications of this exemption:
    • Data processors working on behalf of the ICRC might not be bound by FADP when processing data for ICRC purposes
    • Companies providing technology or services to the ICRC may need to adapt their data protection practices when dealing with ICRC-related data
  3. The exemption may create complexities in cross-border data transfers:
    • ICRC may be able to transfer personal data out of Switzerland without being subject to FADP's international data transfer restrictions
    • Organizations receiving data from ICRC may need to determine whether their use of such data falls under the exemption or becomes subject to applicable data protection laws