Federal Act
on International Mutual Assistance in Criminal Matters
(Mutual Assistance Act, IMAC)

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

of 20 March 1981 (Status as of 1 July 2021)


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Art. 11f Disclosure of personal data to a third country or an international body

1 Per­son­al data may not be dis­closed to the com­pet­ent au­thor­ity of a State that is not linked with Switzer­land through one of the Schen­gen as­so­ci­ation agree­ments (a third coun­try) or to an in­ter­na­tion­al body if, as a res­ult, the pri­vacy of the data sub­ject would be ser­i­ously jeop­ard­ised, in par­tic­u­lar be­cause of the lack of ad­equate pro­tec­tion.

2 Ad­equate pro­tec­tion is guar­an­teed by:

a.
the le­gis­la­tion of the third coun­try, provided the European Uni­on has con­firmed this in a de­cision;
b.
an in­ter­na­tion­al agree­ment;
c.
spe­cif­ic guar­an­tees.

3 In derog­a­tion from para­graph 1, per­son­al data may be dis­closed to the com­pet­ent au­thor­ity of a third coun­try or to an in­ter­na­tion­al body if dis­clos­ure is ne­ces­sary in the case in ques­tion:

a.
to pro­tect the life or phys­ic­al in­teg­rity of the data sub­ject or a third party;
b.
to pre­vent an im­min­ent and ser­i­ous threat to the pub­lic se­cur­ity of a Schen­gen State or of a third coun­try;
c.
to pre­vent, de­tect or pro­sec­ute a crim­in­al of­fence or to ex­ecute a crim­in­al judg­ment, un­less over­rid­ing le­git­im­ate in­terests of the data sub­ject pre­clude dis­clos­ure;
d.
to ex­er­cise or en­force leg­al rights against an au­thor­ity com­pet­ent to pre­vent, de­tect or pro­sec­ute a crim­in­al of­fence or to ex­ecute a crim­in­al judg­ment, un­less over­rid­ing le­git­im­ate in­terests of the data sub­ject pre­clude dis­clos­ure.

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