351.1
c.
Mutual Assistance
the agencies of the Federal Office that are authorised to process the data directly in the
system and the data that in individual cases may be disclosed to other authorities.
Chapter 1b34 Protection of Personal Data
Art. 11b
Right to information in pending proceedings
Where mutual assistance proceedings are pending, the person who is the object of a request
for international cooperation in criminal matters shall be allowed access to the personal data
related to them and the following information:
1
a.
the purpose of and legal basis for the data processing;
b.
the period that the personal data will be retained or, if this is not possible, the criteria
for determining this period;
c.
the recipients or the categories of recipients;
d.
the available information on the origin of the personal data;
e.
the information that they require to be able to assert their rights.
The competent authority may refuse to provide the information, limit the information provided or defer provision of the information if there are grounds for doing so under Article 80b
paragraph 2 or if:
2
a.
it is necessary because of overriding interests of third parties;
b.
it is necessary because of overriding public interests, in particular relating to the internal or external security of Switzerland; or
c.
an enquiry, an investigation, court proceedings or international cooperation proceedings
in criminal matters may be prejudiced by providing the person concerned with information.
Art. 11c
Restriction of the right to information in relation to requests for arrest for the
purpose of extradition
Any person may request information on whether Switzerland has received a request from a
foreign state to make an arrest for the purpose of extradition. This right may be asserted at the
Federal Office. If the request is made to a different authority, that authority shall forward the
request immediately to the Federal Office.
1
If a person requests information on whether the Federal Office has received a request to make
an arrest for the purpose of extradition, the Federal Office shall notify the person that no data
about them has been unlawfully processed and that the person can request the Federal Data
Protection and Information Commissioner (the Commissioner) to enquire as to whether any
data on them has been lawfully processed.
2
The Commissioner shall conduct the enquiries; he shall notify the person concerned either
that no data about them has been unlawfully processed or that he has opened an investigation
under Article 22 of the Schengen Data Protection Act of 28 September 201835 in the case of
errors in the processing of personal data.
3
34
35
6
Inserted by No II 4 of the FA of 28 Sept. 2018 on the Implementation of Directive (EU) 2016/680 on
the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or
the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
SR 235.3