Federal Act on Data Protection

¹The Com­mis­sion­er shall in­vest­ig­ate cases in more de­tail on his own ini­ti­at­ive or at the re­quest of a third party if:

a.

meth­ods of pro­cessing are cap­able of breach­ing the pri­vacy of lar­ger num­ber of per­sons (sys­tem er­rors);

b.¹

data files must be re­gistered (Art. 11a);

c.²

there is a duty to provide in­form­a­tion in terms of Art­icle 6 para­graph 3.

²To this end, he may re­quest files, ob­tain in­form­a­tion and ar­range for pro­cessed data to be shown to him. The right to re­fuse to testi­fy un­der Art­icle 16 of the Ad­min­is­trat­ive Pro­ced­ure Act³ ap­plies by ana­logy.

³On the basis of his in­vest­ig­a­tions, the Com­mis­sion­er may re­com­mend that the meth­od of pro­cessing be changed or aban­doned.

⁴If a re­com­mend­a­tion made by the Com­mis­sion­er is not com­plied with or is re­jec­ted, he may refer the mat­ter to the Fed­er­al Ad­min­is­trat­ive Court for a de­cision. He has the right to ap­peal against this de­cision.⁴