Swiss FADP: Regulation - The free to use privacy research database

Clear filters
Swiss FADP X
Regulation X

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Art. 22 - Processing for research, planning and statistics Art. 23 - Private law activities of federal bodies Art. 24 - Repealed Art. 25 - Claims and procedure Art. 25bis - Procedure in the event of the disclosure of official documents containing personal data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- Investigations and recommendations in the private sector Art. 30 - Information Art. 31 - Additional tasks Art. 32 - Repealed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

2 The Federal Council shall issue regulations on the recognition of certification procedures and the introduction of a data protection quality label. In doing so, it shall take account of international law and the internationally recognised technical standards.

e. he has designated a data protection officer who independently monitors internal compliance with data protection regulations and maintains a list of the data files;

b. statutory duties of confidentiality or special data protection regulations so require.

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.

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.

a. which data files require processing regulations;

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.