Mutual Assistance Act
351.1
If the Commissioner identifies errors in the data processing, he shall order the Federal Office
to rectify the same.
4
The notifications under paragraphs 2 and 3 shall always be worded in the same way and shall
not mention the grounds.
5
6
The notification under paragraph 3 may not be contested.
In derogation from paragraph 2, the Federal Office is entitled to provide the person concerned
with the requested information if the requesting state gives its advance consent.
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Art. 11d
Right to have personal data corrected or deleted
The person who is the object of a request for international cooperation in criminal matters
may request that the competent authority correct or delete the personal data relating to them
that is being processed in contravention of this Act.
1
2
Instead of deleting the personal data, the competent authority shall restrict the processing if:
a.
the data subject disputes the accuracy of the personal data but it cannot be established
whether the data is correct or incorrect;
b.
overriding interests, in particular those set out in Article 80b paragraph 2, so require; or
c.
deletion may prejudice proceedings on international cooperation in criminal matters or
foreign proceedings giving rise to the request for cooperation in criminal matters.
The competent authority shall immediately notify the authority that has transmitted, made
available or disclosed the personal data about the measures taken in accordance with paragraph 1 or 2.
3
The relevant foreign authority is responsible for checking the accuracy of personal data that
has been obtained as evidence or personal data relating to criminal offences giving rise to the
request for international cooperation in criminal matters.
4
Art. 11e
Equal treatment
The data protection rules that apply to the disclosure of personal data to the competent authorities of States that are linked with Switzerland through one of the Schengen association agreements (the Schengen States) must not be stricter than the rules that apply to the disclosure of
personal data to Swiss law enforcement authorities.
1
2 Specific legislation that provides for stricter data protection rules for the disclosure of personal data to the competent foreign authorities does not apply to disclosure to the competent authorities of the Schengen States.
Art. 11f
Disclosure of personal data to a third country or an international body
Personal data may not be disclosed to the competent authority of a State that is not linked
with Switzerland through one of the Schengen association agreements (a third country) or to an
international body if, as a result, the privacy of the data subject would be seriously jeopardised,
in particular because of the lack of adequate protection.
1
2
Adequate protection is guaranteed by:
a.
the legislation of the third country, provided the European Union has confirmed this in
a decision;
b.
an international agreement;
c.
specific guarantees.
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