Section 2: General Data Protection Provisions
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Art. 91 Limitation of the duty to provide information
1 The controller of a data file may refuse, restrict or defer the provision of information where:
- a.
- a formal enactment so provides;
- b.
- this is required to protect the overriding interests of third parties.
2 A federal body may further refuse, restrict or defer the provision of information where:
- a.
- this is required to protect overriding public interests, and in particular the internal or external security of the Confederation;
- b.
- the information would jeopardise the outcome of a criminal investigation or any other investigation proceedings.
3 As soon as the reason for refusing, restricting or deferring the provision of information ceases to apply, the federal body must provide the information unless this is impossible or only possible with disproportionate inconvenience or expense.
4 The private controller of a data file may further refuse, restrict or defer the provision of information where his own overriding interests so require and he does not disclose the personal data to third parties.
5 The controller of a data file must indicate the reason why he has refused, restricted or deferred access to information.
1 Amended in accordance with No. 3 of the Federal Act of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.