Two fundamental legal questions to be clarified regarding Helsana+ data processing, according to FDPIC

The Federal Data Protection Commissioner (FDPIC) has completed its investigation into the Helsana+ bonus programme. The data processing for Helsana+ has been approved, with the exception of two issues. These relate to fundamental legal questions as to whether and under which circumstances individuals with only basic insurance may participate in the programme. Helsana does not agree with the legal opinion of the FDPIC and is therefore rejecting both recommendations. In the absence of clarity, these recommendations may have to be brought before a court.

27.04.2018

The Federal Data Protection Commissioner (FDPIC) has completed its investigation into the Helsana+ (“Helsana Plus”) bonus programme. It found no reason for complaint in terms of the processing of data for Helsana+, with two exceptions. The objections raised by the FDPIC concern the way in which the insurance coverage of individuals with only basic insurance is checked. The FDPIC recommends that Helsana may no longer access its existing data for this purpose; instead, individuals with only basic insurance should have to submit a photograph of their insurance card as proof. Pending a final court ruling, Helsana is prepared to change its registration process in line with the above, without acknowledging any legal obligation to do so. The FDPIC also finds that the processing of data for paying Plus points as cash to individuals with only Helsana basic insurance is inadmissible.

Helsana rejects both recommendations of the FDPIC. Helsana believes that the consent obtained via the terms of use is a sufficient basis for all data processing carried out for Helsana+. Helsana also believes that its bonus programme is not subject to the provisions of the Federal Health Insurance Act, even if it is also open to individuals with only basic insurance. Helsana would support a decision to bring these two issues before the Federal Administrative Court and, if necessary, the Federal Supreme Court.

Helsana welcomes the findings of the investigation and is committed to continuing to develop the programme in the interest of customers to make it more appealing and to attract new, satisfied users.

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