Swiss FADP: Legal basis - The free to use privacy research database

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Section 1Aim, Scope and Definitions

Art. 1 - Aim Art. 2 - Scope Art. 3 - Definitions

Section 2General Data Protection Provisions

Art. 4 - Principles Art. 5 - Correctness of the data Art. 6 - Cross-border disclosure Art. 7 - Data security Art. 8 - Right to information Art. 9 - Limitation of the duty to provide information Art. 10 - Limitations of the right to information for journalists Art. 10a - Data processing by third parties Art. 11 - Certification procedure Art. 11a - Register of data files

Section 3Processing of Personal Data by Private Persons

Art. 12 - Breaches of privacy Art. 13 - Justification Art. 14 - Duty to provide information on the collection of sensitive personal data and personality profiles Art. 15 - Legal claims

Section 4Processing of Personal Data by Federal Bodies

Art. 16 - Responsible body and controls Art. 17 - Legal basis Art. 17a - Automated data processing in pilot projects Art. 18 - Collection of personal data Art. 18a - Duty to provide information on the collection of personal data Art. 18b - Restriction of the duty to provide information Art. 19 - Disclosure of personal data Art. 20 - Blocking disclosure Art. 21 - Offering documents to the Federal Archives Art. 22 - Processing for research, planning and statistics Art. 23 - Private law activities of federal bodies Art. 24 - Repealed Art. 25 - Claims and procedure Art. 25bis - Procedure in the event of the disclosure of official documents containing personal data

Section 5Federal Data Protection and Information Commissioner

Art. 26 - Appointment and status Art. 26a - Reappointment and termination of the term of office Art. 26b - Secondary occupation Art. 27 - Supervision of federal bodies Art. 28 - Advice to private persons Art. 29 - Investigations and recommendations in the private sector Art. 30 - Information Art. 31 - Additional tasks Art. 32 - Repealed

Section 6Legal Protection

Art. 33 - 1 Legal protection is governed by the general provisions on the administration of federal justice.

Section 7Criminal Provisions

Art. 34 - Breach of obligations to provide information, to register or to cooperate Art. 35 - Breach of professional confidentiality

Section 8Final Provisions

Art. 36 - Implementation Art. 37 - Implementation by the cantons Art. 38 - Transitional provisions Art. 38a - Transitional provision to the Amendment of 19 March 2010 Art. 39 - Referendum and commencement

b. the purpose of and if applicable the legal basis for the processing as well as the categories of the personal data processed, the other parties involved with the file and the data recipient.

5 Automated data processing must be terminated in every case if within five years of the pilot systems coming into operation no formal enactment has come in force that contains the required legal basis.

1 In the case of systematic surveys, in particular by means of questionnaires, the federal organ shall disclose the purpose of and the legal basis for the processing, and the categories of persons involved with the data file and of the data recipients.

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

3bis Federal bodies may make personal data generally accessible by means of automated information and communication services if a legal basis is provided for the publication of such data or if they make information accessible to the general public on the basis of paragraph1bis. If there is no longer a public interest in the accessibility of such data, the data concerned must be removed from the automated information and communication service.

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