Art. 18a

Duty to provide information on the collection of personal data

1 Federal bodies are obliged to inform the data subject of the collection of personal data; this duty to provide information also applies where the data is collected from third parties.
2 The data subject must be notified as a minimum of the following:
a. the controller of the data file;
b. the purpose of processing;
c. the categories of the data recipients where a disclosure of data is planned;
d. the right to information in accordance with Article 8;
e. the consequences of the refusal of the data subject to provide the requested personal data.
3 If the data is not collected from the data subject, the data subject must be informed at the latest when the data is stored or if the data is not stored, on its first disclosure to a third party.
4 The duty of the controller of the data file to provide information ceases to apply if the data subject has already been informed or, in cases under paragraph 3, if:
a. the storage or the disclosure of the data is expressly provided for by law; or
b. the provision of information is not possible or possible only with disproportionate inconvenience or expense.
5 If the duty to provide information would compromise the competitiveness of a federal body, the Federal Council may limit the application of the duty to the collection of sensitive personal data and personality profiles.