a. personal data that is processed by a natural person exclusively for personal use and which is not disclosed to outsiders;

e. personal data processed by the International Committee of the Red Cross.

a. personal data (data): all information relating to an identified or identifiable person;

c. sensitive personal data: data on:

e. processing: any operation with personal data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of data;

f. disclosure: making personal data accessible, for example by permitting access, transmission or publication;

g. data file: any set of personal data that is structured in such a way that the data is accessible by data subject;

1 Personal data may only be processed lawfully.

3 Personal data may only be processed for the purpose indicated at the time of collection, that is evident from the circumstances, or that is provided for by law.

4 The collection of personal data and in particular the purpose of its processing must be evident to the data subject.

5 If the consent of the data subject is required for the processing of personal data, such consent is valid only if given voluntarily on the provision of adequate information. Additionally, consent must be given expressly in the case of processing of sensitive personal data or personality profiles.

1 Anyone who processes personal data must make certain that it is correct. He must take all reasonable measures to ensure that data that is incorrect or incomplete in view of the purpose of its collection is either corrected or destroyed.

1 Personal data may not be disclosed abroad if the privacy of the data subjects would be seriously endangered thereby, in particular due to the absence of legislation that guarantees adequate protection.

2 In the absence of legislation that guarantees adequate protection, personal data may be disclosed abroad only if:

c. the processing is directly connected with the conclusion or the performance of a contract and the personal data is that of a contractual party;

1 Personal data must be protected against unauthorised processing through adequate technical and organisational measures.

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.

4 If the controller of a data file has personal data processed by a third party, the controller remains under an obligation to provide information. The third party is under an obligation to provide information if he does not disclose the identity of the controller or if the controller is not domiciled in Switzerland.

4 The private controller of a data file may further refuse, restrict or defer the provision of information where his own overriding interests so require and he does not disclose the personal data to third parties.

a. the personal data reveals the sources of the information;

1 The processing of personal data may be assigned to third parties by agreement or by law if:

1 In order to improve data protection and data security, the manufacturers of data processing systems or programs as well as private persons or federal bodies that process personal data may submit their systems, procedures and organisation for evaluation by recognised independent certification organisations.

a. they regularly process sensitive personal data or personality profiles; or

b. they regularly disclose personal data to third parties.

1 Anyone who processes personal data must not unlawfully breach the privacy of the data subjects in doing so.

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

c. disclose sensitive personal data or personality profiles to third parties without justification.

a. processes personal data in direct connection with the conclusion or the performance of a contract and the personal data is that of a contractual party;

b. is or intends to be in commercial competition with another and for this purpose processes personal data without disclosing the data to third parties;

c. process data that is neither sensitive personal data nor a personality profile in order to verify the creditworthiness of another, and discloses such data to third parties only if the data is required for the conclusion or the performance of a contract with the data subject;

d. processes personal data on a professional basis exclusively for publication in the edited section of a periodically published medium;

e. processes personal data for purposes not relating to a specific person, in particular for the purposes of research, planning and statistics and publishes the results in such a manner that the data subjects may not be identified;

1 The controller of the data file is obliged to inform the data subject of the collection of sensitive personal data or personality profiles; this duty to provide information also applies where the data is collected from third parties.

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.

2 Where it is impossible to demonstrate that personal data is accurate or inaccurate, the plaintiff may request that a note to this effect be added to the data.

1 The federal body that processes or arranges for the processing of personal data in fulfilment of its tasks is responsible for data protection.

2 If federal bodies process personal data together with other federal bodies, with cantonal bodies or with private persons, the Federal Council may specifically regulate the control of and responsibility for data protection.

1 Federal bodies may process personal data if there is a statutory basis for doing so.

2 They may process sensitive personal data and personality profiles only if a formal enactment expressly provides therefor or if, by way of exception:

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:

c. processing requires that sensitive personal data or personality profiles be transmitted online to cantonal authorities.

1 Federal bodies are obliged to inform the data subject of the collection of personal data; this duty to provide information also applies where the data is collected from third parties.

e. the consequences of the refusal of the data subject to provide the requested personal data.

5 If the duty to provide information would compromise the competitiveness of a federal body, the Federal Council may limit the application of the duty to the collection of sensitive personal data and personality profiles.

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

1bis Federal bodies may also disclose personal data within the terms of the official information disclosed to the general public, either ex officio or based on the Freedom of Information Act of 17 December 2004 if:

a. the personal data concerned is connected with the fulfilment of public duties; and

3 Federal bodies may make personal data accessible online if this is expressly provided for. Sensitive personal data and personality profiles may be made accessible online only if this is expressly provided for in a formal enactment.

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.

1 A data subject that credibly demonstrates a legitimate interest may request the federal body concerned to block the disclosure of certain personal data.

1 In accordance with the Archiving Act of 26 June 1998, federal bodies shall offer the Federal Archives all personal data that is no longer in constant use.

2 The federal bodies shall destroy personal data designated by the Federal Archives as not being of archival value unless it:

1 Federal bodies may process personal data for purposes not related to specific persons, and in particular for research, planning and statistics, if:

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.

1 If a federal body acts under private law, the provisions for the processing of personal data by private persons apply.

a. refrain from processing personal data unlawfully;

2 If it is not possible to prove the accuracy or the inaccuracy of personal data, the federal body must mark the data correspondingly.

a. corrects or destroys the personal data or blocks its disclosure to third parties;

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.

2 In cases of general interest, he informs the general public of his findings and recommendations. He may only publish personal data subject to official secrecy with consent of the authority responsible. If it refuses its consent, the President of the division of the Federal Administrative Court responsible for data protection makes the final decision.

1 Anyone who without authorisation wilfully discloses confidential, sensitive personal data or personality profiles that have come to their knowledge in the course of their professional activities where such activities require the knowledge of such data is, on complaint, liable to a fine.

2 The same penalties apply to anyone who without authorisation wilfully discloses confidential, sensitive personal data or personality profiles that have come to their knowledge in the course of their activities for a person bound by professional confidentiality or in the course of training with such a person.

3 The unauthorised disclosure of confidential, sensitive personal data or personality profiles remains an offence after termination of such professional activities or training.

b. the requirements under which a federal body may arrange for the processing of personal data by a third party or for a third party;

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.

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.