Data protection for private individuals in Switzerland

Art. 49 FADP

Investigation

Chapter 7: Federal Data Protection and Information CommissionerSection 2: Investigation of Violations of Data Protection Regulations

Statutory textStatus: 7 July 2025

1 The FDPIC shall open an investigation into a federal body or a private person ex officio or in response to a report if there are sufficient indications that a data processing activity could violate data protection regulations.

2 It may refrain from opening an investigation if the violation of data protection regulations is of minor importance.

3 The federal body or the private person shall provide the FDPIC with all the information and documents that is needed for the investigation. The right to refuse to provide information is governed by the Articles 16 and 17 of the APA, unless Article 50 paragraph 2 of this Act provides otherwise.

4 If the data subject has filed a report, the FDPIC shall inform them about the steps taken in response and the result of any investigation.

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

In brief

The FDPIC opens an investigation if there are sufficient indications of a breach – on its own initiative or following a report. It can refrain from doing so in cases of minor importance.

What does this mean for me?

You can report a breach to the FDPIC. It decides itself whether to open an investigation; you are not a party to the proceedings (Art. 52 para. 2 FADP).

Example

A company still has not responded to your access request after two months. You report the case to the FDPIC.

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