Art. 64 Examination by the FDPIC
1 The FDPIC shall conduct an examination in accordance with Article 63 paragraph 3 if so requested by the applicant. 2 It shall notify the applicant either that no data relating to the applicant has been unlawfully processed or that it has identified errors relating to the deferral of the provision of information and has made a recommendation as defined in Article 27 FADP28 to the FIS in respect of their rectification. 3 It shall notify the applicant that he or she may request the Federal Administrative Court to review this notification or the implementation of the recommendation. 4 Article 27 paragraphs 4–6 FADP applies by analogy to the recommendation in accordance with paragraph 2. 5 If the applicant credibly shows that a deferral of the provision of information will cause him or her considerable harm that cannot be rectified, the FDPIC may recommend that the FIS issue information immediately by way of exception provided this will not pose a risk to internal or external security. 28 SR 235.1 |