Chapter 4
Swiss FADP Article 26: Limitations on the right to information
1 The controller may refuse to provide information, or restrict or delay the provision of information if: (a) a formal law so provides, in particular in order to preserve professional secrecy; (b) this is required to safeguard overriding third-party interests; or (c) the request for information is obviously unjustified, in particular if does not serve the purpose of data protection or is clearly frivolous.
2 Furthermore, it is possible to refuse, restrict or delay the provision of information in the following cases: (a) The controller is a private person and the following requirements are satisfied: 1. The controller's own overriding interests require the measure. (2) The controller does not intend to disclose the personal data to third parties. (b) The controller is a federal body, and one of the following requirements is satisfied: 1. The measure is required to satisfy overriding public interests, in particular Switzerland's internal or external security. (2) The communication of the information may compromise an enquiry, an investigation or administrative or judicial proceedings.
3 Legal entities that belong to the same group of companies are not third parties within the meaning of paragraph 2 letter a number 2.
4 The controller must indicate why it is refusing, restricting or delaying the provision of the information.
Switzerland enacts in German, French and Italian. This is Fedlex's English translation, which Fedlex itself publishes without legal force. Where a word matters, the German, French or Italian text governs and this page does not. Every other instrument in this library is reproduced from its own authentic language text; this one is the exception and says so on every page.
Source text reproduced from Fedlex, Classified Compilation SR 235.1, English translation, version in force from 1 September 2023 and marked for verification against the official source. Cross-checked against a second reproduction.