3 The Federal Data Protection and Information Commissioner (the Commissioner, Art. 26) must be informed of the safeguards under paragraph 2 letter a and the data protection rules under paragraph 2 letter g. The Federal Council regulates the details of this duty to provide information.

1 The Commissioner maintains a register of data files that is accessible online. Anyone may consult the register.

2 Federal bodies must declare all their data files to the Commissioner in order to have them registered.

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.

1 The Federal Council may, having consulted the Commissioner and before a formal enactment comes into force, approve the automated processing of sensitive personal data or personality profiles if:

1 The Commissioner is appointed by the Federal Council for a term of office of four years. The appointment must be approved by the Federal Assembly.

3 The Commissioner shall exercise his duties independently, without receiving directives from any authority. He is assigned to the Federal Chancellery for administrative purposes.

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.

1 The Commissioner’s term of office may be extended twice.

2 The Commissioner may request the Federal Council to be discharged from office at the end of any month subject to six months advance notice.

3 The Federal Council may dismiss the Commissioner from office before the expiry of his term of office if he:

1 The Commissioner may not carry on another occupation.

2 The Federal Council may permit the Commissioner to carry on another occupation provided this does not compromise his independence and standing. The decision shall be published.

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.

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.

6 The Commissioner has a right of appeal against the ruling under paragraph 5 and against the decision of the appeal authority.

The Commissioner advises private persons on data protection matters.

1 The Commissioner shall investigate cases in more detail on his own initiative or at the request of a third party if:

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.

1 The Commissioner shall submit a report to the Federal Assembly at regular intervals and as required. He shall provide the Federal Council with a copy of the report at the same time. The regular reports are published.

1 The Commissioner has the following additional tasks in particular:

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.

b. provide the Commissioner with false information in the course of a case investigation (Art. 29) or who refuse to cooperate.

The appointment of the Commissioner and the termination of his employment relationship are subject to the previous law until the end of the legislative period in which this amendment comes into force.