235.1
Swiss Federal Act on Data Protection
2
Whoever wishes to transmit data abroad must notify the Federal Data Protection Commissioner
beforehand in cases where:
a) there is no legal obligation to disclose the data and
b) the persons affected have no knowledge of the transmission.
3
The Federal Council shall regulate the notification procedure in detail. It may provide for a simplified
notification procedure or exemptions from the duty to notify in the event that the processing does not
endanger the privacy of the persons affected.
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Data security
1
Personal data must be protected against unauthorised processing by appropriate organisational and
technical means.
2
The Federal Council shall enact more detailed provisions on the minimum data security measures.
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Right of information
1
Anyone may ask a file controller if data stored relating to him is being processed.
2
The file controller must provide information on:
a) all data relating to the individual that is contained in the file;
b) the purpose and if necessary the legal basis for the processing, the categories of processed
data, the individuals involved in processing the file, and the individuals designated to receive
the file.
3
The file controller may disclose data relating to the health of an affected person to that person via a
doctor designated by the person.
4
In the event that the file controller has the personal data processed by a third party, the file controller
shall remain responsible for providing any information that is requested. The third party shall be
obliged to provide information in the event that it does not disclose the name of the file controller or in
the event that the file controller is not resident in Switzerland.
5
The information should, as a general rule, be provided free of charge and submitted in writing in
printed form or as a photocopy. The Federal Council shall regulate exemptions from the foregoing.
6
No authority shall have the right to waive their right to information in advance.
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Restriction of the Right to Information: General
1
A file controller may refuse to provide, or restrict or defer the provision of the requested information
in cases where:
a) a formal provision of the law so provides;
b) he is required to do so due to the overriding interests of a third party.
2
A Federal authority may refuse to provide, or restrict or defer the provision of the requested
information in cases where:
a) it is required due to overriding public interests, and in particular in the interests of the internal
or external security of the Confederation;
b) the communication of the information may compromise criminal proceedings or other
investigative processes.
3