Freedom of Information Act (FoIA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 10 Access application
1 An application for access to official documents must be addressed to the authority which created the documents or received the same as primary addressee from third parties not subject to this Act. 2 The Federal Council may provide a special procedure for access to official documents by Swiss representations abroad and by missions to international organisations. 3 The application must be formulated in a sufficiently accurate manner. 4 The Federal Council shall enact regulations governing the particulars of this procedure: a. it shall take the special needs of the media into account; b. if a large number of applications cover the same document, it may stipulate other modalities governing such access; c. it may extend the processing deadlines for applications which require particularly extensive processing.
Art. 11 Consultation
1 Where the authority is considering granting access to official documents where access may adversely affect the privacy of a third party, it shall consult the third party concerned and give that person the opportunity to respond within ten days. 2 The authority shall inform the third party of its decision concerning the application for access.
Art. 11 — Amended by Annex 1 No II 10 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 12 Decision of the Authority
1 The authority shall make a decision as soon as possible and in any case no later than 20 days after receipt of the application. 2 The deadline may, under exceptional circumstances, be extended by 20 days if the application for access concerns a large number of documents or documents which are complex or difficult to obtain. If an application concerns official documents where access may adversely affect the privacy of third parties. the deadline shall be extended by the required period. 3 If an application concerns official documents where access may adversely affect the privacy of third parties, the authority shall suspend access until the legal position has been clarified. 4 The authority shall inform the applicant, with a summary of the grounds, of any extension of the deadline, restriction or refusal of access. Information concerning the restriction or refusal of access, as well as the grounds therefor, shall be conveyed in writing.
Para. 2 — Second sentence amended by Annex 1 No II 10 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 3 — Amended by Annex 1 No II 10 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 13 Mediation
1 A request for mediation may be filed by any person: a. whose access to official documents has been restricted, deferred or refused; b. whose application was not decided by the authority within the deadline; c. who was consulted pursuant to Article 11, should the authority intend granting access contrary to his or her wishes. 2 The request for mediation must be filed in writing with the Federal Data Protection and Information Commissioner (FDPIC) within 20 days of receipt of the decision from the authority or the date of the authority’s failure to comply with the deadline. 3 If a settlement is reached through mediation, the proceedings are deemed to be concluded.
Para. 1 — The correction of 30 Sept. 2022, published on 25 Sept. 2023, relates to the Italian text only (AS 2023 538). Para. 2 — Amended by Annex 1 No II 10 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 14 Recommendation
If no settlement is reached through mediation, the FDPIC shall provide the participants to the mediation proceedings with a written recommendation within 30 days of receipt of the request for mediation.
Name in accordance with Annex 1 No II 10 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). This change has been made throughout the text.
Art. 15 Ruling
1 Within ten days of receipt of the recommendation, the applicant or the person consulted may request a ruling pursuant to Article 5 of the Administrative Procedure Act of 20 December 1968. 2 Furthermore, the authority shall issue a ruling, where, contrary to the recommendation, it intends to: a. restrict, defer or refuse the right of access to an official document; b. grant the right of access to an official document where access may adversely affect the privacy of third parties. 3 A ruling shall be issued within 20 days of receipt of the recommendation or the request pursuant to paragraph 1 above.
Para. 1 — SR 172.021 Para. 2 let. b — Amended by Annex 1 No II 10 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 16 Appeal
1 The appeals procedure is subject to the general provisions found in the relevant legislation governing the federal administration of justice. 2 The appeal instances shall also have access to official documents which are secret.
Art. 16 — Amended by Annex No 7 the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 17 Access to official documents free of charge
1 No fees are charged in the procedure for access to official documents. 2 By way of exception, fees may be charged if an application for access requires particularly extensive processing. The Federal Council shall regulate the details and fee rates on the basis of the effective costs incurred. The applicant shall be notified in advance of any intention of the authority to charge a fee and of the amount of the fee. 3 No fees are charged in any cases of mediation proceedings (Art. 13) or proceedings for the issue of a ruling (Art. 15). 4 Fees may, in all cases, be charged for providing reports, brochures and other printed material and information carriers.
Art. 17 — Amended by No I of the FA of 30 Sept. 2022, in force since 1 Nov. 2023 (AS 2023 584; BBL 2020 8337, 9369). Para. 1 — Amended by No I of the FA of 30 Sept. 2022, in force since 1 Nov. 2023 (AS 2023 584; BBL 2020 8337, 9369). Para. 2 — Amended by No I of the FA of 30 Sept. 2022, in force since 1 Nov. 2023 (AS 2023 584; BBL 2020 8337, 9369). Para. 3 — Amended by No I of the FA of 30 Sept. 2022, in force since 1 Nov. 2023 (AS 2023 584; BBL 2020 8337, 9369).