152.3
Fundamental Rights
3
The Federal Council is authorised to exclude other organisational units of the
Federal Administration, as well as other organisations and persons outside the Federal Administration, from the scope of this Act, should:
a.
the functions assigned to same so require;
b.
their competitiveness be prejudiced by being subject to this Act; or
c.
the functions assigned to them be of only minor importance.
Art. 3
1
Material scope of application
This Act does not apply to:
a.
access to official documents relating to:
1. civil proceedings;
2. criminal proceedings;
3. international mutual and administrative assistance proceedings;
4. international dispute settlement proceedings;
5. constitutional and administrative judicial proceedings; or
6. arbitration proceedings; and
b.
the consultation, by a party, of the case file in first-instance administrative
proceedings.
2
Access to official documents containing personal information about the applicant is
governed by the Federal Act of 19 June 19925 on Data Protection (Data Protection
Act).
Art. 4
Reservation of special provisions
Special provisions contained in other Federal Acts are reserved where they:
a.
declare certain information secret; or
b.
declare the access to certain information to be subject to requirements derogating from those set out herein;
Art. 5
1
Official Documents
An official document is any information:
a.
which has been recorded, regardless of the medium;
b.
retained by the authority which issued the same or to which it has been
communicated; and
c.
which concerns the execution of a public function.
2
Documents which have been produced by means of a simple computerised process
from recorded information which meets the requirements of paragraph 1 letters a, b
and c above are deemed to be official documents.
5
2
SR 235.1