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Art. 64 – Examination by the FDPIC

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Art. 64

Examination by the FDPIC

1

The FDPIC shall conduct an examination in accordance with Article 63 paragraph 3 if so requested by the applicant.

2

It shall notify the applicant either that no data relating to the applicant has been unlawfully processed or that it has identified errors relating to the deferral of the provision of information and has opened an investigation under Article 49 FADP35.36

3

…37

4

If it identifies errors while processing the data or when deferring the provision of information, it shall order the FIS to rectify the same.38

5

If the applicant credibly shows that a deferral of the provision of information will cause him or her considerable harm that cannot be rectified, the FDPIC may order the FIS to issue information immediately by way of exception provided this will not pose a risk to internal or external security.39

  1. 35 SR 235.1
  2. 36 Amended by Annex 1 No II 2 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
  3. 37 Repealed by Annex 1 No II 2 of the Data Protection Act of 25 Sept. 2020, with effect from 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
  4. 38 Amended by Annex 1 No II 2 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
  5. 39 Amended by Annex 1 No II 2 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Legal act context
SR 121 · IntelSA · Federal act · Federal Act of 25 September 2015 on the Intelligence Service (Intelligence Service Act, IntelSA)
Structure path
Chapter 4 Data Processing and Archiving Section 4 Special Provisions on Data Protection
Language
English (en)
Data status
2024-01-01

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