Data protection for private individuals in Switzerland

Art. 38 FADP

Offering documents to the Federal Archives

Chapter 6: Special Provisions on Data Processing by Federal Bodies

Statutory textStatus: 7 July 2025

1 In accordance with the Archiving Act of 26 June 1998, federal bodies shall offer to the Federal Archives all personal data that they no longer regularly require.

2 They shall destroy personal data that the Federal Archives do not deem to be worth archiving unless:

  • a.

    the data are anonymised;

  • b.

    they must be preserved for evidentiary or security purposes or to safeguard the data subject's legitimate interests.

Source: Version on FedlexThis translation is not an official version. Only the German, French and Italian versions are legally binding.

In brief

Federal authorities offer data they no longer need to the Federal Archives and destroy what is not worth archiving.

What does this mean for me?

Data held by federal offices is not kept indefinitely – it is archived or destroyed.

Explanation by mydatenschutz.ch in plain language – not legal advice. The statutory text is authoritative.