152.3
Fundamental Rights
Art. 8
1
Special cases
There is no right of access to official documents of joint reporting proceedings.
2
Access to official documents is granted only after the political or administrative
decisions based thereon have been taken.
3
By way of exception, the Federal Council may decide to withhold access to official
documents resulting from official departmental consultation processes even after
decisions have been made.
4
Under no circumstances may access to official documents about the status of
pending or future negotiations be granted.
5
Access to reports on the evaluation of the performance of the Federal Administration and the effectiveness of its measures is guaranteed.
Art. 9
Protection of personal data
1
Official documents containing personal data shall, wherever possible, be rendered
anonymous prior to inspection.
2
Where a request for access covers official documents which cannot be rendered
anonymous, Article 19 of the Data Protection Act6 shall apply. The relevant procedure shall be governed by this Act.
Section 3: Procedure for Access to Official Documents
Art. 10
Access application
1
An application for access to official documents shall be addressed to the authority
which created the documents or received the same as primary addressee from third
parties not subject to this Act.
2
The Federal Council may provide a special procedure for access to official documents by Swiss representations abroad and by missions to international organisations.
3
The application must be formulated in a sufficiently accurate manner.
4
The Federal Council shall enact regulations governing the particulars of this procedure:
6
4
a.
it shall take the special needs of the media into account;
b.
should a large number of applications cover the same document, it may
stipulate other modalities governing such access;
c.
it may extend the processing deadlines for applications which require particularly extensive processing.
SR 235.1