Switzerland’s Federal Administrative Court has ruled that contracts between the government and pharmaceutical companies Moderna and Novavax for the procurement of COVID-19 vaccines must be disclosed to the public, citing the country’s Public Information Act. The decision follows complaints filed by multiple individuals, including Rémy Wyssmann, a member of the Swiss National Council and an attorney.
The Federal Office of Public Health (FOPH) had resisted full disclosure, a position also recommended by the Federal Data Protection and Information Commissioner. The FOPH argued against releasing further information regarding pricing, delivery conditions, and legal jurisdictions, among other details.
The FOPH had claimed that disclosure would harm the proper implementation of official measures, negatively impact Switzerland’s foreign policy or international relations, and compromise trade, business, or manufacturing secrets.
The Federal Administrative Court has now rejected these arguments. The court determined that access to the documents would not likely render any already defined measure unfeasible, as modern negotiations would be necessary under altered circumstances in the event of a future pandemic. The court also found “no indication that the disclosure of the documents could impair the foreign policy interests or international relations or the reputation of Switzerland.” the court stated that “no proof of an objective interest in confidentiality regarding the disputed information, in particular the agreed prices, delivery conditions, places of jurisdiction, etc., has been provided.”
The court upheld the three complaints and granted the complainants access to the contracts to the extent requested. The rulings can be appealed to the Federal Supreme Court.
“This concerns significant taxpayer money in the billions and our health. Citizens need to recognize exactly what is in these contracts,” said National Council member Wyssmann. He emphasized the importance of avoiding secret agreements, arguing that public oversight leads to better outcomes. Wyssmann also cited poorly negotiated contracts with the European Union and the purchase of F-35 fighter jets as examples.
