Federal Act
on Data Protection
(Data Protection Act, FADP)

¹ The United Fed­er­al As­sembly shall elect the head of the FD­PIC (the Com­mis­sion­er).

² Any per­son with the right to vote on fed­er­al mat­ters is eli­gible for elec­tion.

³ The Com­mis­sion­er's em­ploy­ment re­la­tion­ship is gov­erned, un­less this Act provides oth­er­wise, by the Fed­er­al Per­son­nel Act of 24 March 2000¹² (FPA). The Com­mis­sion­er shall be in­sured against the fin­an­cial con­sequences of re­tire­ment, in­valid­ity and death with PUB­LICA, the Fed­er­al Pen­sion Fund. If the Com­mis­sion­er re­mains in the po­s­i­tion after reach­ing the age of 65 and so re­quests, pen­sion cov­er shall be ex­ten­ded un­til the end of the em­ploy­ment con­tract, but no later than the end of the year in which the Com­mis­sion­er at­tains the age of 68. The FD­PIC shall fin­ance the em­ploy­er’s con­tri­bu­tions.¹³

^3bis The Fed­er­al As­sembly shall is­sue the im­ple­ment­ing pro­vi­sions re­lat­ing to the Com­mis­sion­er’s em­ploy­ment con­tract in an or­din­ance.¹⁴

⁴ The Com­mis­sion­er shall ex­er­cise his or her du­ties in­de­pend­ently, without seek­ing or ac­cept­ing in­struc­tions from any au­thor­ity or third party. He or she is as­signed for ad­min­is­trat­ive pur­poses to the Fed­er­al Chan­cellery.

⁵ He or she shall have a per­man­ent sec­ret­ari­at and his or her own budget. He or she shall ap­point his or her staff.

⁶ He or she is is not sub­ject to the sys­tem of as­sess­ment un­der Art­icle 4 para­graph 3 FPA.