235.1 Swiss Federal Act on Data Protection 4 In the event that an investigation reveals that data protection provisions have been infringed, the Commissioner may recommend that the responsible Federal authority modify or cease data processing activities. He shall inform the relevant department or the Federal Chancellery of his recommendation. 5 In the event that a recommendation is not complied with or is rejected, the Commissioner may refer the matter to the department or the Federal Chancellery for decision. Notice of the decision shall be given to the persons affected. $UWLFOH Advisory services for private individuals The Commissioner may advise private individuals on the issue of data protection. $UWLFOH Investigations and recommendations in the private sector 1 The Commissioner shall conduct investigations on his own initiative or at the request of a third party when a. the methods of processing are capable of infringing the privacy of a larger number of persons (system error); b. files must be registered (Art. 11); c. disclosure of data outside Switzerland must be declared (Art. 6). 2 He may request the production of documents, obtain information and have the data processing activities explained to him. The right to refuse to give evidence in terms of Article 16 of the Federal Act on Administrative Procedure10 shall apply by analogy. 3 On the basis of his investigation, the Data Protection Commissioner may recommend the modification or cessation of the data processing activities. 4 In the event that such a recommendation by the Commissioner is not complied with or rejected, he may refer the matter to the Federal Data Protection Commission for decision. $UWLFOH Information 1 The Commissioner shall submit a report at regular intervals and as required to the Federal Council. These periodical reports shall be published. 2 In cases of public interest, he may inform the public of his findings and recommendations. He may only disclose data that has been given to him subject to official secrecy if he has the consent of the competent authority. In the event that such consent is withheld by the authority, the President of the Federal Data Protection Commission shall make a decision, which shall be final. $UWLFOH 1 Other duties The Commissioner shall have the following additional duties: a. he shall assist Federal and Cantonal authorities with matters relating to data protection; b. he shall give his opinion on draft Federal legislation and on Federal measures that have a bearing on data protection; c. he shall co-operate with data protection authorities both within and outside Switzerland; d. he shall examine the extent to which foreign data protection measures are equivalent to those in Switzerland. 10 SR 172.021 9