Answer ... (a) Healthcare
As stated in question 1.1, there are no specific regulations relating to AI. Instead, general Swiss law is applied in the AI context. The primary regulatory issue in the healthcare industry in Switzerland involves the treatment of patient medical data and how it is processed (see question 1.2 for a general discussion of the Swiss data protection regime).
Because medical data is considered sensitive according to Article, 3 lit c (2) of the Federal Data Protection Act (DPA), express consent must be given prior to its processing. Where the data is anonymised, however, one must ensure that there is no way to identify the data subject. Failure to do so can lead to profiling, according to Article 3, lit d of the DPA, and is therefore unlawful according to Article 12 of the DPA. However, if the data has been properly anonymised, it is not subject to the DPA.
(b) Security and defence
As stated in question 1.1, there are no specific regulations relating to AI. Instead, general Swiss law applies in the AI context.
(c) Autonomous vehicles
As stated in question 1.1, there are no specific regulations relating to AI. Instead, general Swiss law applies in the AI context.
In Switzerland, autonomous vehicles (AVs) are currently being tested, albeit in very specific and limited situations. Legal issues relevant to any vehicle will equally apply to AVs.
By way of analogy, if an AV were to cause damage, the general regime set out in the Federal Law on Road Traffic would apply. The owner or the driver would be liable for the damages caused based on Article 58 of the Federal Law on Road Traffic. In that case, the basis for liability would lie solely in the result, as anyone who benefits from an AV is considered to have accepted the risks associated therewith. It is interesting to note that the owner would be liable regardless of any fault committed by him or her.
(d) Manufacturing
As stated in question 1.1, there are no specific regulations relating to AI. Instead, general Swiss law applies in the AI context.
In the context of manufacturing, the general rules that apply are contractual and are regulated by Article 97 of the Swiss Code of Obligations. Given that manufacturing is still primarily undertaken by humans, issues in the context of manufacturing may arise regarding the employer’s liability for loss or damage caused by its employees or ancillary workers when executing their work. Such obligations are defined in Article 55 of the Swiss Code of Obligations.
An employer will therefore be liable for damages caused by its employees while performing their work, unless it can prove that all necessary precautions were taken to prevent the damaging event from occurring.
The employer, under Article 55, paragraph 2, has a right of recourse against the employee if his or her behaviour was negligent.
(e) Agriculture
As stated in question 1.1, there are no specific regulations relating to AI. Instead, general Swiss law applies in the AI context.
Agricultural methods are being transformed by the development of increasingly advanced ‘smart farming’ technologies. These aim to make farms more efficient, optimise processes, increase yields and minimise their impact on the environment. This is a revolution with many potential advantages, which Agroscope – the centre of competence of the Swiss Confederation for Agricultural Research – is studying with the aim of enhancing the competitiveness of Swiss farming.
Research is also focusing on the use of ‘big data’ in agriculture. Collected by intelligent objects equipped with sensors and connected to each other, the data analysed by algorithms aims to facilitate the efficient use of resources, which are also optimally adapted for purpose. For example, data on a cow collected by a robotic milker enables the robot supplying the fodder to adapt this supply to the needs of the animal in question. This is all done by algorithms; there is no need for the farmer to intervene. Another example is the Agrométéo web platform, which monitors everything from the evolution of mildew to insect populations and the phenological development of wheat. All of the information needed for plant protection is collected on a single site for farmers. The different applications assist in decision making to manage plant protection issues relating to large-scale crops, viticulture and arboriculture.
(f) Professional services
As stated in question 1.1, there are no specific regulations relating to AI. Instead, general Swiss law applies in the AI context.
Professional services companies are increasingly using AI to tackle one of the biggest problems when dealing with clients: document acceptance, maintenance and management. Each type of data presents its own unique problems, which advancements in optical character recognition (OCR) technology are now helping to solve. OCR transforms data of all kinds into readable, useable electronic documents. For instance, advanced OCR technology assists lawyers in sifting through large discovery sets; helps medical practices to upload patient data into their systems; and serves any number of other uses. Once documents have been processed by OCR technology, they become data searchable, sortable and malleable.
Financial services firms are also incorporating AI into their strategies to drive operating and cost efficiencies, as well as critical business transformation programmes. They use AI solutions to design tailored services and products that better suit customers’ needs, and to determine customers’ individual risk profiles more effectively.