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Federal Act on Data Protection

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 26 Appointment and status

1The Com­mis­sion­er is ap­poin­ted by the Fed­er­al Coun­cil for a term of of­fice of four years. The ap­point­ment must be ap­proved by the Fed­er­al As­sembly.

1bisThis term of of­fice shall be ex­ten­ded auto­mat­ic­ally un­less the Fed­er­al Coun­cil has is­sued an or­der no less than six months be­fore its ex­piry based on ma­ter­i­ally ad­equate grounds that the term of of­fice should not be ex­ten­ded.2

2The em­ploy­ment re­la­tion­ship is gov­erned by the Fed­er­al Per­son­nel Act of 24 March 20003, un­less this Act provides oth­er­wise.

3The Com­mis­sion­er shall ex­er­cise his du­ties in­de­pend­ently, without re­ceiv­ing dir­ect­ives from any au­thor­ity.4 He is as­signed to the Fed­er­al Chan­cellery for ad­min­is­trat­ive pur­poses.

3He has a per­man­ent sec­ret­ari­at and his own budget. He ap­points his own staff.

5The Com­mis­sion­er is not sub­ject to the sys­tem of as­sess­ment un­der Art­icle 4 para­graph 3 of the Fed­er­al Per­son­nel Act of 24 March 2000.

1 Amended by No 3 of the FA of 19 March 2010 on the Im­ple­ment­a­tion of Frame­work De­cision 2008/977/JHA on the pro­tec­tion of per­son­al data pro­cessed in the frame­work of po­lice and ju­di­cial co­oper­a­tion in crim­in­al mat­ters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
2 Amended by No II 1 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).
3 SR 172.220.1
4 Amended by No II 1 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).