Swiss FADP Article 17: Exceptions

1 In derogation from Article 16 paragraphs 1 and 2, personal data may be disclosed abroad in the following cases: (a) The data subject has explicitly consented to disclosure. (b) Disclosure is directly connected with the conclusion or performance of a contract: 1. between the controller and the data subject; or (2) between the controller and its contractual partner in the interests the data subject. (c) Disclosure is necessary in order to: 1. safeguard an overriding public interest; or (2) establish, exercise or enforce legal rights before a court or another competent foreign authority. (d) Disclosure is necessary to protect the life or the physical integrity of the data subject or a third party, and it is not possible to obtain the consent of the data subject within a reasonable time. (e) The data subject has made the data generally accessible and has not explicitly prohibited processing. (f) The data originate from a statutory register that is public or accessible to persons with a legitimate interest, provided the statutory requirements for access are met in the case concerned.

2 The controller or the processor shall inform the FDPIC on request about the disclosure of personal data under paragraph 1 letters b number 2, c and d.