Limitations on the right to information

¹ The controller may refuse to provide information, or restrict or delay the provision of information if:

• a.

  a formal law so provides, in particular in order to preserve professional secrecy;

• b.

  this is required to safeguard overriding third-party interests; or

• c.

  the request for information is obviously unjustified, in particular if does not serve the purpose of data protection or is clearly frivolous.

² Furthermore, it is possible to refuse, restrict or delay the provision of information in the following cases:

• a.

  The controller is a private person and the following requirements are satisfied:

  • 1.

    The controller's own overriding interests require the measure.

  • 2.

    The controller does not intend to disclose the personal data to third parties.

• b.

  The controller is a federal body, and one of the following requirements is satisfied:

  • 1.

    The measure is required to satisfy overriding public interests, in particular Switzerland's internal or external security.

  • 2.

    The communication of the information may compromise an enquiry, an investigation or administrative or judicial proceedings.

³ Legal entities that belong to the same group of companies are not third parties within the meaning of paragraph 2 letter a number 2.

⁴ The controller must indicate why it is refusing, restricting or delaying the provision of the information.