The Rise of Digital Integrity as a Fundamental Right in Swiss Cantons
Neuchâtel has enshrined “digital integrity” in its constitution, setting a precedent that other Swiss cantons may follow. While the National Council dismissed a motion as mere symbolism, the effects are already visible in Geneva.
Neuchâtel and Geneva Embrace Digital Integrity
Alexis Roussel, a key advocate for the right to digital integrity and former President of the Pirate Party, is optimistic. Following Geneva in 2023, his home canton of Neuchâtel adopted the new right in the constitution on November 24. In both cases, the vote overwhelmingly favored it, with 94% in Geneva and nearly 92% in Neuchâtel.
Starting from the new legislative term in 2025, the Neuchâtel constitution guarantees not only physical, mental, and psychological rights but also digital integrity. This right is applicable only in relation to the state and includes provisions such as security in the digital realm, the right to privacy from surveillance, the right to an “offline life,” and the right to be forgotten.
The National Council’s Critique on Social Media
In contrast, the National Council in 2023 vehemently rejected the right to digital integrity. 118 parliamentarians voted against a proposal by Vaudois Social Democrat Samuel Bendahan, with only 65 in favor. The majority viewed the proposal as mere symbolism since the right does not apply to private entities like American social media corporations. The preliminary commission also narrowly decided that existing fundamental rights and data protection laws were sufficient.
However, the public opinion differs, according to Alexis Roussel. He points to the clear successes in Geneva and Neuchâtel and conversations with residents in Zurich, where he collected enough signatures with the Pirate Party for a similar popular initiative. In Zurich, people often expressed dissatisfaction with the compulsion to use digital services while lamenting the loss of traditional analog offerings.
Expanding the Reach of Digital Integrity
Parliamentary initiatives for the introduction of the right to digital integrity are also pending in Jura, Vaud, and Basel-Stadt. In the canton of Fribourg, this is a stated goal in the current government program until 2026. Roussel believes that the topic can no longer be dismissed as the “whim” of individuals and expects a “serious” report on digital integrity from the Federal Council, which received a mandate from the National Council.
The Romandy region is on track to become a pioneer in establishing a new fundamental right – both in Switzerland and globally. While various efforts are underway in different locations to create similar digital rights under terms like “digital sovereignty” or “digital human rights,” these rights have not been enshrined in law elsewhere, according to net activist Georg Greve.
Wide Political Support for Digital Integrity
Advocating for the right to digital integrity can be argued from any political standpoint. This was exemplified by the parliamentary supporters of the initiative in Neuchâtel, including representatives from the Labour Party to the Swiss People’s Party (SVP). Notably, the Free Democratic Party (FDP) did not participate, as highlighted by SP initiator Anne Bramaud du Boucheron at a press conference in November.
Bramaud du Boucheron argued fundamentally for digital integrity, emphasizing the need for increased transparency by the state to build trust. The new right should ensure that the state not only protects personal data better but also safeguards the individual behind the data.
Green Liberal Samuel Colin highlighted that a quarter of the population, according to the Federal Statistical Office, has weak or no digital skills. He proposed three potential political responses: relying on individual responsibility, reducing digital omnipresence by providing certain services at physical locations, and promoting digital inclusion, such as supporting seniors in smartphone usage.
SVP representative Daniel Berger emphasized security, a central theme for his party. Personal data, privacy, and the state’s IT infrastructure must be better protected, with measures like storing data in Switzerland and enhancing oversight over IT personnel to prevent insider data breaches.
Digital Minister Cautions Against High Expectations
Despite widespread support, fundamental concerns exist regarding the right to digital integrity. In Neuchâtel, FDP Digital Minister Crystel Graf countered, similar to the National Council, that such a right, lacking validity over private data processors, is primarily symbolic and creates “unreasonable expectations.”
Emeritus constitutional law expert Pascal Mahon of the University of Neuchâtel is also skeptical. He organized the first scholarly symposium on the topic in 2021 at the behest of Alexis Roussel. Mahon believes that violations of digital integrity ultimately translate to violations of physical or mental integrity, already prohibited by the Swiss constitution.
However, Mahon appreciates that the new right focuses on an increasingly crucial aspect of private life. He is keenly observing the practical implications, noting that the right to an offline life is a novel concept that could prevent a complete shift to digital administration and possibly eliminate paper law collections.
Political Utilization of Digital Integrity
Alexis Roussel has already observed initial effects of the right to digital integrity in Geneva. High school students are now using the non-commercial alternative Libre Office instead of Microsoft Office due to concerns over the latter’s data collection practices. The canton mandates that data can only be processed by foreign entities if adequately protected.
The Rune-Genève association goes even further, seeking to spark societal reflection on the general use of digital devices. They recently launched a petition demanding full implementation of the right to digital integrity in schools, criticizing practices such as elementary school students accessing digital materials without parental consent and the use of software from foreign data collectors like Google instead of local alternatives.
In Neuchâtel, the new fundamental right is already being cited in political debates. Liberal municipal councilor Catherine Zeter criticized the planned closure of the post office in Boudry on RTS television, suggesting that the corporation likely aims to offer its services solely digitally, a move that blatantly contradicts the right to an offline life recently endorsed by Neuchâtel residents.