The future organ donation objection regulation not only represents a paradigm shift in transplantation policy in Switzerland – it will also open the door to the controversial state e-ID. Anyone wishing to object to organ harvesting plans must register their objection in a central register, which cannot be used without a digital identity. This links two politically sensitive projects whose joint implementation could have far-reaching consequences for data protection and self-determination.
On 15 May 2022, the Swiss electorate approved the transition from the previous consent to the extended objection regulation for organ donation. This means that in future, a person will be considered a potential organ donor if they have not actively objected during their lifetime. Anyone who does not wish to donate organs or tissue must expressly state this wish in future. So far, so (un)good. Many people are already uncomfortable with the idea of having to be entered in some register again just to avoid the highly controversial organ donation industry. The fact that such a register has not yet been set up obviously had an unpleasant background: it seems that people who consciously do not want to have everything done to them and their bodies are practically being forced to use e-ID.
e-ID: Voluntariness, a flimsy excuse
The Federal Council is currently adapting the ordinance law for this purpose. Specific details of how the objection regulation is to be introduced in practice are currently being finalised. The FOPH writes the following about the plans on its website:
The objection regulation can be introduced at the beginning of 2027 at the earliest. The exact date is not yet known. It depends on when the e-ID (state-recognised electronic proof of identification) will be available in Switzerland. The e-ID is required for registration in the organ and tissue donor register. In this electronic register, people will be able to record whether or not they wish to donate organs and tissue after their death.
Vote in September: an important milestone
The new objection regulation for organ donation in Switzerland is therefore to be closely linked to the state electronic identity (e-ID) in future. Citizens will be able to digitally record their decision – to consent to or refuse organ donation – in a national register. The e-ID serves as a supposedly secure authentication to clearly assign the will to a person and prevent misuse. This would make the objection or consent legally binding and quickly retrievable by hospitals in an emergency. So it is the usual arguments, such as security and convenience, that are intended to drive people towards total surveillance – and with this gimmick about organ donation, freedom-lovers are now also to be coerced into it.
The vote on 28 September on the introduction of the e-ID, which the Swiss people have actually already rejected once, will therefore be decisive in determining how transparent we must be in future so that we are not eviscerated against our will in an emergency.
