Helsana App is in breach of the data protection act

The App-based bonus program "Helsana+" violates provisions of the data protection act. This was decided by the Federal administrative court and a complaint by the Swiss Federal data protection and information Commissioner partially upheld.

The Helsana supplementary insurances LTD, which operates the App, should not use after the on Friday published judgment of the Federal administrative court, of the users of the data collected. User-consent is insufficient.

When logging to the application the User agree to with a click in different points. Among other things, that the Helsana supplementary insurances to be able to query for in the mandatory health insurance operating sister companies, Helsana and Progrès insurance data. Such a General consent, with one click, but does not meet the statutory requirements. The Helsana supplementary insurances LTD also adheres to the procurement of the data against the data protection act.

you must delete the collected data within 30 days. Likewise, you must instruct third parties to whom it has disclosed the data, to do so in the same period of time.

Helsana is on the right way

Helsana showed in a message, confident that, with the bonus program "data protection law on the right path". The health insurance have implemented the critique of the Federal administrative court already. That is why Helsana should continue as before.

In the main points it received from the court: insurer must offer the bonus program, furthermore, only persons with Basic insurance and their activities, with a cash reward.

The bonus program "Helsana+" to promote according to the description of the operator's health awareness. Can participate Insured by the Helsana AG. There will be points collected which can be exchanged in cash payments, benefits in kind or vouchers.

The judgment is not yet final. It can be dragged to the Federal court. (A-3548/2018 from 19.03.2019) (ij/sda)

Created: 29.03.2019, 12:02 PM