f. he has acquired a data protection quality mark under a certification procedure in accordance with Article 11 and has notified the Commissioner of the result of the evaluation.

a. process personal data in contravention of the principles of Articles 4, 5 paragraph 1 and 7 paragraph 1;

5 The controller of the data file may refuse, restrict or defer the provision of information subject to the requirements of Article 9 paragraphs 1 and 4.

1 Actions relating to protection of privacy are governed by Articles 28, 28a and 28l of the Civil Code. The plaintiff may in particular request that data processing be stopped, that no data be disclosed to third parties, or that the personal data be corrected or destroyed.

d. the right to information in accordance with Article 8;

1 Federal bodies may refuse, restrict or defer the provision of information subject to the requirements of Article 9 paragraphs 1 and 2.

1 Federal bodies may disclose personal data if there is legal basis for doing so in accordance with Article 17 or if:

3 Any blocking of disclosure is subject to Article 19 paragraph 1bis.

a. Article 4 paragraph 3 on the purpose of processing

b. Article17 paragraph 2 on the legal basis for the processing of sensitive personal data and personality profiles;

c. Article 19 paragraph 1 on the disclosure of personal data.

4 The procedure is governed by the Federal Act of 20 December 1968 on Administrative Procedure (Administrative Procedure Act). The exceptions contained in Articles 2 and 3 of the Administrative Procedure Act do not apply.

For as long as proceedings relating to access to official documents within the meaning of the Freedom of Information Act of 17 December 2004 that contain personal data are ongoing, the data subject may within the terms of such proceedings claim the rights accorded to him on the basis of Article 25 of this Act in relation to those documents that are the subject matter of the access proceedings.

5 The Commissioner is not subject to the system of assessment under Article 4 paragraph 3 of the Federal Personnel Act of 24 March 2000.

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.

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.

e. he examines safeguards and data protection rules notified to him under Article 6 paragraph 3;

f. he examines the certification procedure under Article11 and may issue recommendations in accordance with Article 27 paragraph 4 or Article 29 paragraph 3;.

2 He may also advise bodies of the Federal Administration even if, in accordance with Article 2 paragraph 2 letters c and d, this Act does not apply. The bodies of the Federal Administration may permit him to inspect their files.

2 If the Commissioner establishes in a case investigation under Article 27 paragraph 2 or under Article 29 paragraph 1 that the data subjects are threatened with a disadvantage that cannot be easily remedied, he may apply to the President of the division of the Federal Administrative Court responsible for data protection for interim measures to be taken. The procedure is governed by analogy by Articles 79–84 of the Federal Act of 4 December 1947 on Federal Civil Procedure.

a. breach their obligations under Articles 8–10 and 14, in that they wilfully provide false or incomplete information; or

1. to inform the data subject in accordance with Article 14 paragraph 1, or

2. to provide information required under Article 14 paragraph 2.

a. fail to provide information in accordance with Article 6 paragraph 3 or to declare files in accordance with Article11a or who in doing so wilfully provide false information; or

3 It may provide for derogations from Articles 8 and 9 in relation to the provision of information by Swiss diplomatic and consular representations abroad.

1 Unless there are cantonal data protection regulations that ensure an adequate level of protection, Articles 1–11a, 16, 17, 18–22 and 25 paragraphs 1–3 of this Act apply to the processing of personal data by cantonal bodies in the implementation of federal law.

2 The cantons shall appoint a controlling body to ensure compliance with data protection requirements. Articles 27, 30 and 31 are applicable in an analogous manner.

1 The controllers of data files must register existing data files that must be registered under Article 11 within one year of the commencement of this Act at the latest.

2 They must take the required measures within one year of the commencement of this Act to be able to provide the information required under Article 8.

3 Federal bodies may continue to use an existing data file with sensitive personal data or with personality profiles until 31 December 2000 without fulfilling the requirements of Article 17 paragraph 2.

Within a year of the commencement of this Act, the controllers of data files must take the required measures to inform data subjects in accordance with Article 4 paragraph 4 and Article 7a.