Data protection for private individuals in Switzerland

Art. 5 FADP

Definitions

Chapter 2: General ProvisionsSection 1: Definitions and Principles

Statutory textStatus: 7 July 2025

In this Act:

  • a.

    personal data means any information relating to an identified or identifiable natural person;

  • b.

    data subject means a natural person whose personal data is processed;

  • c.

    sensitive personal data means:

    • 1.

      data relating to religious, philosophical, political or trade union-related views or activities,

    • 2.

      data relating to health, the private sphere or affiliation to a race or ethnicity,

    • 3.

      genetic data,

    • 4.

      biometric data that uniquely identifies a natural person,

    • 5.

      data relating to administrative and criminal proceedings or sanctions,

    • 6.

      data relating to social assistance measures;

  • d.

    processing means any handling of personal data, irrespective of the means and procedures used, in particular the collection, storage, keeping, use, modification, disclosure, archiving, deletion or destruction of data;

  • e.

    disclosure means transmitting personal data or making such data accessible;

  • f.

    profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

  • g.

    high-risk profiling means profiling that poses a high risk to the data subject's personality or fundamental rights by matching data that allow an assessment to be made of essential aspects of the personality of a natural person;

  • h.

    breach of data security means a breach of security that leads to the accidental or unlawful loss, deletion, destruction or modification or unauthorised disclosure or access to personal data;

  • i.

    federal body means an authority or service of the Confederation or a person entrusted to carry out public tasks on behalf of the Confederation;

  • j.

    controller means a private person who or federal body which, alone or jointly with others, determines the purpose and the means of processing personal data;

  • k.

    processor means a private person or federal body that processes personal data on behalf of the controller.

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

In brief

This article defines the basic terms: personal data is any information relating to an identified or identifiable person. Sensitive personal data includes, for example, data on health, religion and genetics. “Processing” covers any handling of data – from collecting to deleting it.

What does this mean for me?

Even your e-mail address, your customer number or your IP address can be personal data if they can be used to identify you.

Example

A fitness app stores your pulse: this is health data and therefore sensitive personal data.

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