Article 26
Limitations on the right to information
- The controller may refuse to provide information, or restrict or delay the provision of information if:
- a. a formal law so provides, in particular in order to preserve professional secrecy;
- b. this is required to safeguard overriding third-party interests; or
- c. the request for information is obviously unjustified, in particular if does not serve the purpose of data protection or is clearly frivolous.
- Furthermore, it is possible to refuse, restrict or delay the provision of information in the following cases:
- a. The controller is a private person and the following requirements are satisfied:
- The controller's own overriding interests require the measure.
- The controller does not intend to disclose the personal data to third parties.
- b. The controller is a federal body, and one of the following requirements is satisfied:
- The measure is required to satisfy overriding public interests, in particular Switzerland's internal or external security.
- The communication of the information may compromise an enquiry, an investigation or administrative or judicial proceedings.
- a. The controller is a private person and the following requirements are satisfied:
- Legal entities that belong to the same group of companies are not third parties within the meaning of paragraph 2 letter a number 2.
- The controller must indicate why it is refusing, restricting or delaying the provision of the information.