235.1
Swiss Federal Act on Data Protection
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Breach of duties to provide information, to register data, and to co-operate
1
Private individuals who fail to fulfil their duties as set out in Article 8, 9 and 10 by wilfully providing
inaccurate or incomplete information shall be punishable on application for prosecution by a term of
detention or a fine.
2
Private individuals who wilfully:
a. fail to declare a file in terms of Article 11 or a disclosure of data abroad in terms of Article 6 or
who provide false information in their declaration;
b. provide false information or refuse to co-operate in the investigation of a case (Art. 29)
shall be punishable by a term of detention or a fine.
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Breach of Professional Secrecy
1
Whoever wilfully and without authorisation discloses confidential and sensitive personal data or
personal profiles that have come to his knowledge in the course of professional activities that require
that he has knowledge of such data, shall be punishable on application for prosecution by a term of
detention or by fine.
2
Whoever wilfully and without authorisation discloses confidential and sensitive personal data or
personal profiles that have come to his knowledge in the course of his activities for persons who are
subject to a duty of professional secrecy or in the course of his vocational training with such persons,
shall also be punishable on application for prosecution by a term of detention or a fine.
3
The illegal communication of confidential and sensitive data or personal profiles shall also be
punishable after the relevant person has ceased to practise his profession or has completed his
vocational training.
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Implementation
1
The Federal Council shall enact the implementation provisions.
2
…15
3
It can allow for deviations from Articles 8 and 9 relating to the disclosure of information by diplomatic
and consular representatives of Switzerland abroad.
4
It may further determine
a. which files require processing regulations;
b. the conditions under which a Federal authority may have personal data processed by a third
party or processed on behalf of a third party;
c.
the manner in which the means of identifying individuals may be used.
5
It may enter into international data protection treaties provided these are in conformity with the basic
principles of this Act.
15 Revoked by Art. 25 of the Archiving Act of 26 June 1998 (SR )
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