Swiss Criminal Code

¹ The data sub­ject may re­quest the Com­mis­sion­er to check wheth­er any data re­lat­ing to the data sub­ject is be­ing pro­cessed law­fully if:

a.

the data sub­ject’s right to in­form­a­tion about the ex­change of data about them is re­stric­ted or de­ferred (Art. 18a and 18b of the Fed­er­al Act of 19 June 1992⁴⁴⁵ on Data Pro­tec­tion);

b.

his or her right to in­form­a­tion is denied, re­stric­ted or de­ferred (Art. 17 and 18 SADP⁴⁴⁶); or

c.

his or her right to re­quest the rec­ti­fic­a­tion, de­struc­tion or de­le­tion of data re­lat­ing to him or her is par­tially or com­pletely denied (Art. 19 para. 2 let. a SADP).

² Only a fed­er­al au­thor­ity un­der the su­per­vi­sion of the Com­mis­sion­er may be ex­amined.

³ The Com­mis­sion­er shall com­plete the veri­fic­a­tion; he shall no­ti­fy the data sub­ject that either no data re­lat­ing to him or her has been un­law­fully pro­cessed, or that he has opened an in­vest­ig­a­tion pur­su­ant to Art­icle 22 SADP in the case of er­rors in the pro­cessing of per­son­al data.

⁴ If the Com­mis­sion­er finds er­rors in the pro­cessing of the data, he shall or­der the com­pet­ent fed­er­al au­thor­ity to cor­rect them.

⁵ The no­ti­fic­a­tion re­ferred to in para­graph 3 shall al­ways be worded in the same way and is not sub­stan­ti­ated. It may not be con­tested.