Freedom of Information Ordinance (FoIO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 12 Mediation
(Art. 13 FoIA) 1 The Federal Data Protection and Information Commissioner (the FDPIC) shall examine whether the application for access was processed lawfully and appropriately. 2 It shall hear the parties to mediation proceedings and strive to reach an agreement. Where necessary, it shall submit proposals. The proceedings may be conducted in writing or verbally. 3 The FDPIC shall ascertain the result of mediation proceedings and inform the parties of the same in writing.
Para. 1 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 2 — First and second sentences amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 3 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).
Art. 12a Requests for mediation that require particularly extensive processing
(Art. 10 para. 4 let. c, 13 and 14 FoIA) 1 A request for mediation requires particularly extensive processing by the FDPIC if it: a. involves a large number of or especially complex documents; b. raises especially difficult legal, technical or political issues. 2 If a request for mediation requires particularly extensive processing by the FDPIC, it may extend the deadline for the mediation proceedings or for the issue of a recommendation by an appropriate period.
Art. 12a — Inserted by No I of the O of 20 April 2011, in force since 1 July 2011 (AS 2011 1741). Para. 1 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 2 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).
Art. 12b Duty to cooperate in mediation proceedings
(Art. 13 and 20 FoIA) 1 As soon as a request for mediation is submitted, the FDPIC shall inform the authority and allow it a period within which to: a. supplement the justification given for its decision if necessary; b. provide the FDPIC with the required documents; c. provide the FDPIC with the name of its representative in the mediation proceedings. 2 The parties are obliged: a. to assist in ensuring compliance with the deadline within which the mediation proceedings must take place; b. to cooperate in seeking a settlement; c. to participate in the mediation hearing; the authority shall participate in the mediation hearing through the person appointed to represent it. 3 If the applicant fails to participate in the mediation hearing, the request for mediation shall be deemed to have been withdrawn and the mediation proceedings shall be dismissed. 4 If the parties refuse to cooperate in seeking a settlement or if they improperly delay the mediation proceedings, the FDPIC may rule that
Art. 12b — Inserted by No I of the O of 20 April 2011, in force since 1 July 2011 (AS 2011 1741). Para. 1 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 1 let. b — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 1 let. c — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 5
Art. 13 Recommendation
(Art. 14 FoIA) 1 In its recommendation, the FDPIC shall in particular point out that the parties to the mediation proceedings may request a decision from the authority pursuant to Article 15 FoIA, and shall inform them of the deadline for such a request. 2 The recommendation must not contain any information likely to prejudice protected interests under Article 7(1) FoIA. 3 The FDPIC shall publish its recommendations and shall take the appropriate measures in order to ensure the protection of the data of natural persons and legal entities who are parties to mediation proceedings. 4 Should the protection of the data mentioned in paragraph 3 not be possible, the FDPIC shall refrain from publishing its recommendation.
Para. 1 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 3 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568). Para. 4 — Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).
Art. 13a Information provided to the FDPIC by the authority
(Art. 15 and 16 FoIA) The administrative units of the Central Federal Administration shall provide the FDPIC with a copy of their ruling and any decisions made by the appeal instances.
Art. 13a — Inserted by No I of the O of 20 April 2011 (AS 2011 1741). Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).