1Anyone who requests information from the controller of a data file on whether data concerning them is being processed (Art. 8 DPA) must normally request the information in writing and provide proof of their identity.
2Requests for information as well as the provision of information may also be made online if the controller of the data file expressly arranges for this and takes appropriate measures to:
- guarantee the identification of the data subject; and
- protect the personal data of the data subject when providing information against unauthorised access by third parties.1
3With the agreement of the controller of the data file or at his suggestion, the data subject may inspect their data in situ. The information may also be provided verbally if the data subject has consented and has been identified by the controller.
4The information or the substantiated decision on the restriction of the right of access (Art. 9 and 10 DPA) is provided within 30 days of receipt of the request for information. If the information cannot be provided within 30 days, the controller of the data file must notify the applicant of this and of the date by which the information will be provided.
5If one or more data files are jointly held by two or more controllers, the right of access may be asserted against each controller, unless one of them is responsible for processing all requests for information. If the controller of the data file is not authorised to provide information, he shall pass the request on to the person responsible.
6If the request for information relates to data that is being processed by a third party on behalf of the controller of the data file, the controller shall pass the request on to the third party for processing if the controller is not able to provide the information himself.2
7If information is requested on data relating to deceased persons, it must be provided if the applicant proves an interest in the information that is not countered by the overriding interests of relatives of the deceased or third parties. Close relatives and persons who have been married to the deceased have a justified interest.
1 Amended in accordance with No. I of the Ordinance of 28 Sept. 2007, in force since 1 Jan. 2008 (AS 2007 4993).
2 Amended in accordance with No. I of the Ordinance of 28 Sept. 2007, in force since 1 Jan. 2008 (AS 2007 4993).