Supervision of federal bodies
1 The Commissioner supervises compliance by federal bodies with this Act and other federal data protection regulations of the Confederation. The Federal Council is excluded from such supervision.
2 The Commissioner investigates cases either on his own initiative or at the request of a third party.
3 In investigating cases, he may request the production of files, obtain information and arrange for processed data to be shown to him. The federal bodies must assist in determining the facts of any case. The right to refuse to testify under Article 16 of the Administrative Procedure Act applies by analogy.
4 If the investigation reveals that data protection regulations are being breached, the Commissioner shall recommend that the federal body concerned change the method of processing or abandon the processing. He informs the department concerned or the Federal Chancellery of his recommendation.
5 If a recommendation is not complied with or is rejected, he may refer the matter to the department or to the Federal Chancellery for a decision. The decision is communicated to the data subjects in the form of a ruling.
6 The Commissioner has a right of appeal against the ruling under paragraph 5 and against the decision of the appeal authority.