235.1 Swiss Federal Act on Data Protection $UWLFOH6 $UWLFOH 1 Rights and procedures Anyone with a legitimate interest may request that the responsible Federal authority; a. refrain from proceeding with unlawful data processing; b. nullify the effects of unlawful data processing; c. declare the unlawful nature of the data processing. 2 If the accuracy or inaccuracy of personal data cannot be established, the Federal authority shall be required to mark the data with a note to this effect. 3 The person making the request may in particular request that the Federal authority a. correct or destroy the data or ensure that it is not disclosed to a third party; b. publish or communicate to third parties its decision, namely to correct or destroy the personal data, or prohibit its disclosure or to mark it as being of a contentious nature. The procedure shall be governed by the Federal Act on Administrative Procedure7. The exceptions set out in Articles 7 and 3 of the Federal Act on Administrative Procedure shall not apply. 4 5 The decisions made by a Federal authority shall be subject to a right of appeal to the Federal Data Protection Commission. The decisions made by the Commission shall be subject to a right of appeal under administrative law to the Swiss Federal Supreme Court. 6HFWLRQ7KH6ZLVV)HGHUDO'DWD3URWHFWLRQ&RPPLVVLRQHU $UWLFOH 1 Appointment and Status The Swiss Federal Data Protection Commissioner shall be appointed by the Federal Council. 2 He shall perform his duties autonomously and shall be affiliated for administrative purposes to the Federal Department of Justice and Police8. 3 He shall have a permanent staff. $UWLFOH Supervision of Federal Authorities 1 The Commissioner shall supervise compliance by Federal authorities with this Act and other Federal regulations relating to data protection. The Federal Council shall be exempted from such supervision. 2 The Commissioner shall investigate cases on his own initiative or at the request of third parties. 3 In order to investigate cases, he may request the production of documents, obtain information and have the data processing activities explained to him. The Federal authorities shall be obliged to cooperate in the investigation of any case. The right to refuse to give evidence in terms of Article 16 of the Federal Act on Administrative Procedure9 shall apply by analogy. 6 Revoked by Art. 31 of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security (SR 120) 7 SR 172.021 8 Now the Federal Chancellery. 9 SR 172.021 8