152.3
Fundamental Rights
Art. 15
Decision
1
Within ten days of receipt of the recommendation, the applicant or the person
consulted may request a decision pursuant to Article 5 of the Administrative Procedure Act of 20 December 19687.
2
Furthermore, the authority shall hand down a decision, where, contrary to the
recommendation, it intends to:
a.
limit, defer or refuse the right of access to an official document;
b.
grant the right of access to an official document containing personal information.
3
A decision shall be issued within 20 days of receipt of the recommendation or the
request for a decision pursuant to paragraph 1 above.
Art. 168
1
Appeal
The appeals procedure are subject to the general provisions found in the relevant
legislation governing the federal administration of justice.
2
The appeal instances shall also have access to official documents which are secret.
Art. 17
Fees
1
In principle, access to official documents is subject to payment of a fee.
2
No fee is charged for:
a.
the processing of an application which gives rise to minimal costs;
b.
mediation proceedings (Art. 13); and
c.
proceedings before the first instance (Art. 15).
3
The Federal Council shall regulate the details and fee rates on the basis of the
effective costs incurred. Specific provisions set out in other legislation are reserved.
4
Fees may, in any event, be charged for the release of reports, brochures and other
printed material and information carriers.
Section 4: Federal Data Protection and Information Commissioner
Art. 18
Duties and Competencies
The Federal Data Protection and Information Commissioner (the Commissioner)
pursuant to Article 26 of the Data Protection Act9 shall, in particular, have the following duties and competencies under the present Act:
7
8
9
6
SR 172.021
Amended in accordance with Annex No. 7 the Federal Administrative Court Act of
17June 2005, in force since 1 Jan. 2007 (SR 173.32).
SR 235.1