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22 - Processing for research, planning and statistics Art. 23 - Private law activities of federal bodies Art. 24 - Repealed Art. 25 - Claims and procedure Art. 25bis - Procedure in the event of the disclosure of official documents containing personal data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- Investigations and recommendations in the private sector Art. 30 - Information Art. 31 - Additional tasks Art. 32 - Repealed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

3. social security measures,

2 The Federal Council issues detailed provisions on the minimum standards for data security.

a. this is required to protect overriding public interests, and in particular the internal or external security of the Confederation;

2 The instructing party must in particular ensure that the third party guarantees data security.

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.

b. must be preserved on evidentiary or security grounds or in order to safeguard the legitimate interests of the data subject.

Repealed by Art. 31 of the FA of 21 March 1997 on Measures to Safeguard Internal Security, with effect from 1 July 1998 (AS 1998 1546; BBl 1994 II 1127).