The Federal Council shall regulate the control procedures and responsibility for data protection in cases in which a federal body processes personal data jointly with other federal bodies, with cantonal bodies or with private persons.

1. Federal bodies may only process personal data if there is a statutory basis for doing so.
2. A statutory basis in a formal law is required in the following cases:
   • a. The matter involves the processing of sensitive personal data.
   • b. The matter involves profiling.
   • c. The purpose or manner of the data processing may lead to a serious violation of the data subject's fundamental rights.
3. A statutory basis in a substantive law is sufficient as the basis for processing personal data under paragraph 2 letters a and b provided the following requirements are satisfied:
   • a. Processing is essential for a task required by a formal law.
   • b. The purpose of processing poses no particular risks to the data subject's fundamental rights.
4. In derogation from the paragraphs 1–3, federal bodies may process personal data if any one one of the following requirements is satisfied:
   • a. The Federal Council has authorised the processing because it considers that the data subject's rights are not at risk.
   • b. The data subject has consented to the processing in the specific case or has made their personal data generally accessible and has not explicitly prohibited any processing.
   • c. The processing is necessary in order to protect the life or physical integrity of the data subject or of a third party, and it is not possible to obtain the consent of the data subject within a reasonable time.

1. Before a formal enactment comes into force, the Federal Council may authorise the automated processing of sensitive personal data or other data processing under Article 34 paragraph 2 letters b and c if:
   • a. the tasks for which the processing is required are regulated in a formal law that is already in force;
   • b. adequate measures have been taken to limit any violation of the data subjects' fundamental rights to a minimum; and
   • c. a test phase before the enactment comes into force is essential for the practical implementation of the data processing, in particular for technical reasons.
2. The Federal Council shall obtain the FDPIC's opinion beforehand.
3. The competent federal body shall submit an evaluation report to the Federal Council no later than two years after the start of the pilot trial. In the report, it shall propose the continuation or discontinuation of the processing.
4. Automated data processing must in every case be discontinued if no formal enactment containing the required legal basis has come into force within five years of the start of the pilot trial.

1. Federal bodies may only disclose personal data if there is a statutory basis for doing so in accordance with Article 34 paragraphs 1–3.
2. They may disclose personal data in specific cases in derogation from paragraph 1, if any one of the following requirements is satisfied:
   • a. The data must be disclosed in order for the controller or the recipient to fulfil a statutory duty.
   • b. The data subject has consented to disclosure.
   • c. The data must be disclosed in order to protect the life or physical integrity of the data subject or of a third party and it is not possible to obtain the consent of the data subject within a reasonable time.
   • d. The data subject has made their personal data generally accessible and has not explicitly prohibited any processing.
   • e. The recipient has credibly shown that the data subject has refused consent or objected to the disclosure in order to prevent the recipient from enforcing legal rights or exercising other legitimate interests; the data subject must be given the opportunity beforehand to comment, unless this is impossible or requires disproportionate effort.
3. The federal bodies may furthermore disclose personal data as part of official information provided to the public or based on the Freedom of Information Act of 17 December 2004 if:
   • a. the data is connected with the fulfilment of public duties; and
   • b. there is an overriding public interest in the disclosure.
4. They may also disclose a person’s surname, first name, address and date of birth on request even if the requirements in paragraphs 1 or 2 are not satisfied.
5. They may make personal data generally accessible by means of automated information and communications services if there is a legal basis for publishing the data or if they disclose data based on paragraph 3. If there is no longer a public interest in making the data generally accessible, the data concerned shall be deleted from the automated information and communications service.
6. The federal bodies shall refuse or restrict disclosure or make disclosure subject to requirements if:
   • a. essential public interests or the manifestly legitimate interests of the data subject so require; or
   • b. statutory duties of confidentiality or special data protection regulations so require.

1. A data subject who credibly shows a legitimate interest may object to the disclosure of specific personal data by the responsible federal body.
2. The federal body shall reject the objection if any one of the following requirements is satisfied:
   • a. There is a legal duty to disclose the data.
   • b. The fulfilment of the body's tasks would otherwise be jeopardised.
3. Article 36 paragraph 3 remains reserved.

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.

1. Federal bodies may process personal data for purposes not related to specific persons, in particular for research, planning or statistics, provided:
   • a. the data are anonymised as soon as the purpose of processing permits;
   • b. the federal body only discloses sensitive personal data to private persons in such a manner that the data subjects are not identifiable;
   • c. the recipient only transmits the data to third parties with the consent of the federal body that disclosed the data; and
   • d. the results are only published in such a manner that the data subjects are not identifiable.
2. Articles 6 paragraph 3, 34 paragraph 2 and 36 paragraph 1 do not apply.

If a federal body acts under private law, the provisions on data processing by private persons apply.

1. Any person who has a legitimate interest may request the responsible federal body to:
   • a. stop the unlawful processing of the personal data concerned;
   • b. redress the consequences of unlawful processing;
   • c. declare the processing to be unlawful.
2. The applicant may in particular request the federal body to:
   • a. correct, delete or destroy the personal data concerned;
   • b. communicate its decision, in particular about correcting, deleting or destroying personal data, the objection against the disclosure under Article 37 or marking data as disputed under paragraph 4, to third parties or publish the decision.
3. Instead of deleting or destroying the personal data, the federal body shall restrict the processing if:
   • a. the data subject disputes the accuracy of the personal data and neither its accuracy nor its inaccuracy can be established;
   • b. the overriding interests of third parties so require;
   • c. an overriding public interest, in particular Switzerland's internal or external security, so requires;
   • d. deleting or destroying the data may jeopardise an enquiry, an investigation or an administrative or judicial procedure.
4. If neither the accuracy nor the inaccuracy of the relevant personal data can be established, the federal body shall mark the data as being disputed.
5. The correction, deletion or destruction of personal data may not be requested in connection with the stocks held by publicly accessible libraries, education and training institutions, museums, archives or other public memory institutions. If the applicant credibly shows an overriding interest, he or she may request the institution to restrict access to the disputed data. Paragraphs 3 and 4 do not apply.
6. The procedure is governed by the APA. The exceptions in Articles 2 and 3 APA do not apply.

Where proceedings relating to access to official documents that contain personal data in accordance with the Freedom of Information Act of 17 December 2004 are pending, the data subject may claim those rights in the proceedings that they would have under Article 41 of this Act in relation to the documents that are the subject matter of the access proceedings.