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Article 41
Rights and procedures
- 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.
- 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.
- 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.
- 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.
- 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.
- The procedure is governed by the APA. The exceptions in Articles 2 and 3 APA do not apply.