Data Protection Act (FADP)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 30 Breaches of personality rights
1 Any person who processes personal data must not unlawfully breach the data subjects' personality rights. 2 A breach of personality rights arises in particular if: a. personal data are processed contrary to the principles of Articles 6 and 8; b. personal data are processed contrary to the express wishes of the data subject; c. sensitive personal data are disclosed to third parties. 3 In general no breach of personality rights arises if the data subject makes the personal data generally accessible and has not explicitly prohibited any processing.
Art. 31 Grounds for justification
1 A breach of personality rights is unlawful unless it is justified by the consent of the data subject, by an overriding private or public interest, or by the law. 2 The controller may have an overriding interest in the following cases in particular: a. The controller processes personal data relating to a contracting party in direct connection with the conclusion or the performance of a contract. b. The controller is or intends to be in commercial competition with another person and for this purpose processes personal data that are not disclosed to third parties; legal entities that belong to the same group of companies as the controller are not regarded as third parties for the purposes of this provision. c. The controller processes personal data to verify the creditworthiness of the data subject, provided the following requirements are satisfied: 1. The matter involves neither sensitive personal data nor high-risk profiling. 2. The data are only disclosed to third parties if the thir
Art. 32 Legal rights
1 The data subject may request that incorrect personal data be corrected unless: a. a statutory provision prohibits the correction; b. the personal data are processed for archiving purposes that are in the public interest. 2 Actions to protect the personality are governed by the Articles 28, 28a and 28g–28l of the Civil Code. The applicant may in particular request that: a. a specific data processing activity be prohibited; b. a specific disclosure of personal data to third parties be prohibited; c. personal data be deleted or destroyed. 3 If neither the accuracy nor the inaccuracy of the relevant personal data can be established, the applicant may request that the data be marked as being disputed. 4 The applicant may also request that any correction, deletion or destruction, prohibition of processing or disclosure to third parties, marking as disputed or judgment be communicated to third parties or be published.
Para. 2 — SR 210