235.1 Swiss Federal Act on Data Protection 4 The Federal authority shall refuse to disclose data, or restrict such disclosure or make it subject to conditions if: a. essential public interests or if the clear interests of the person affected so require or if b. a statutory duty of confidentiality or a specific data protection regulation so requires . $UWLFOH Prohibition of disclosure 1 A person affected who credibly asserts a legitimate interest may request the competent Federal authority to prohibit the disclosure of certain data. 2 The Federal authority may refuse to prohibit disclosure or revoke any such prohibition if: a. there is a legal duty of disclosure; b. the performance of its duties would be compromised. $UWLFOH Making data anonymous, destroying data Federal authorities must make personal data that they no longer require anonymous or destroy such personal data unless the data; a. is to be retained as evidence or for security purposes or b. is to be stored in the Federal Archives. $UWLFOH Processing for the purposes of research, planning, and statistics 1 Federal authorities may process personal data for reasons not related to the persons affected, and in particular for the purposes of research, planning or statistics provided: a. the data is made anonymous as soon as the objective of the data processing allows; b. the recipient shall only pass on the data to a third party with the consent of the Federal authority; c. 2 the results of data processing are published in a form that does not allow identification of the persons affected. The requirements of the following provisions need not be met: a. Article 4 paragraph 3, on the purpose of the data processing; b. Article 17 paragraph 2, on the legal basis for the processing of sensitive data and personal profiles. c. Article 19 paragraph 1, on the disclosure of personal data. $UWLFOH Private law activities of Federal authorities 1 In the event that a Federal authority acts on the basis of private law, the provisions on the processing of personal data by private persons shall apply. 2 Supervision of such private law activities shall be conducted in accordance with the provisions applicable to Federal authorities. 7

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