Investigations and recommendations in the private sector
1 The Commissioner shall investigate cases in more detail on his own initiative or at the request of a third party if:
a. methods of processing are capable of breaching the privacy of larger number of persons (system errors);
b. data files must be registered (Art. 11a);
c. there is a duty to provide information in terms of Article 6 paragraph 3.
2 To this end, he may request files, obtain information and arrange for processed data to be shown to him. The right to refuse to testify under Article 16 of the Administrative Procedure Act applies by analogy.
3 On the basis of his investigations, the Commissioner may recommend that the method of processing be changed or abandoned.
4 If a recommendation made by the Commissioner is not complied with or is rejected, he may refer the matter to the Federal Administrative Court for a decision. He has the right to appeal against this decision.