Federal Statistics Act (FStatA) (FStatA)

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In The Matter OfFederal Statistics Act (FStatA) (FStatA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 14 Data protection and official secrecy

1 The data collected or divulged for statistical purposes may not be used for other purposes unless a federal act expressly orders another application or the natural persons or legal entities concerned provide their written consent. 2 The persons entrusted with statistical activities must treat as confidential all data related to individual natural persons and legal entities that they may have come across in their work. This obligation also applies in particular to persons who are involved by the cantons, the communes or other offices in the conduct of surveys or who receive data in accordance with Article 19.

Para. 1 — Amended by Annex I No II 35 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 14a Data links

1 In order to fulfil its statistical duties, the Federal Office may link data, provided the data are rendered anonymous. In the event that data links involve sensitive personal data or sensitive data relating to legal entities or that data links disclose the essential characteristics of a natural person or legal entity, the linked data must be deleted on completion of the statistical analysis. The Federal Council shall regulate the details. 2 Statistical offices of the cantons and the communes may only link data from the Federal Office with other data in fulfilling their statistical duties with the written consent of the Federal Office and by taking account of its requirements.

Art. 14a — Inserted by Annex No 4 of the Register Harmonisation Act of 23 June 2006, in force since 1 Nov. 2006 (AS 2006 4165; BBl 2006 427). Para. 1 — Second sentence amended by Annex I No II 35 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 15 Data security and data storage

1 All offices that process personal data or data relating to legal entities for or from federal statistical bodies must protect this data against unauthorised handling by introducing necessary organisational and technical measures. 2 The offices conducting the surveys may only retain the name and address lists used to prepare, conduct and coordinate surveys for as long as these lists are required for processing for the aforementioned purposes. The provisions on the Businesses and Enterprises Register are reserved. 3 Survey material containing names or personal identification numbers of the interviewees in addition to the requested data may only be processed by the offices authorised to conduct the survey. This material and data must be destroyed as soon as processing has been completed. 4 Data may be stored and archived at the competent statistical offices of the Confederation, at the Federal Office or, with the written consent of the Federal Office and taking account of requirements,

Para. 1 — Amended by Annex I No II 35 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 4 — Amended by Annex No 4 of the Register Harmonisation Act of 23 June 2006, in force since 1 Nov. 2006 (AS 2006 4165; BBl 2006 427).

Art. 16 Application of other data protection provisions

1 Data protection for all statistical activities is governed by the provisions of this Act. For personal data, the provisions of the Data Protection Act of 25 September 2020 on the processing of the data for research, planning and statistics also apply. 2 The Federal Council shall issue supplementary provisions on data protection and on data security for the collection and processing of data by federal bodies.

Para. 1 — SR 235.1 Para. 1 — Amended by Annex I No II 35 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 17 Data protection in the cantons

1 Articles 14, 15 and 16 paragraph 1 of this Act and, provided it is not contrary to these articles, cantonal law that regulates the processing of data not related to specific persons applies to the processing of data by cantonal bodies. In the absence of such regulations, federal law applies. 2 In the event that the cantons and communes are involved in conducting a survey, the cantons determine an office that will ensure compliance with data protection.