Data Protection Against the Government
Right of access, rectification, deletion: your rights regarding government processing of your personal data under the FADP.
Last updated : 2026-04-04
Legal Framework
The Federal Act on Data Protection (FADP), fully revised and in force since 1 September 2023, governs processing by federal bodies. Cantonal data protection laws apply to cantonal/municipal authorities. Art. 13 para. 2 FC guarantees protection against misuse of personal data.
Processing Principles
Lawfulness (art. 6 para. 1 FADP): government needs a legal basis (art. 34 para. 1 FADP). Purpose limitation (art. 6 para. 3 FADP): data collected only for a determined, recognisable purpose. Proportionality (art. 6 para. 2 FADP): only necessary data. Accuracy (art. 6 para. 5 FADP): must ensure data correctness.
Individual Rights
Right of Access (art. 25 FADP)
Request whether data is being processed and obtain: data processed, purpose, recipients, retention period. In principle free (art. 25 para. 6 FADP). Response within 30 days (art. 25 para. 5 FADP).
Right to Rectification (art. 32 para. 1 FADP)
Request correction of inaccurate data without delay.
Right to Erasure
The new FADP does not provide as broad a right as the EU GDPR. However, unnecessary data must be destroyed or anonymised (art. 6 para. 4 FADP). Unlawful processing may justify deletion.
Right to Object
Object to processing violating FADP principles. For unlawful processing by federal bodies, petition the FDPIC.
Remedies
Direct request to the authority (access, rectification). If refused or no response within 30 days, court action. Federal bodies: FAC under the APA. Cantonal bodies: cantonal remedies.
FDPIC (art. 43 et seq. FADP)
The Federal Data Protection and Information Commissioner supervises federal compliance. Anyone may file a complaint if they believe their data is unlawfully processed.
Sensitive Data
Art. 5 let. c FADP: political/religious opinions, health data, sexual orientation, criminal proceedings, social welfare. Enhanced conditions for government processing (art. 34 para. 2 let. a FADP: formal legislative basis required).
CCTV
Public surveillance by authorities constitutes personal data processing subject to the FADP. Must respect proportionality and legality (ATF 136 I 87).
Frequently Asked Questions
Can you ask the government what data it holds on you?
Yes. Art. 25 FADP guarantees a free right of access. The authority must respond within 30 days with the data processed, its purpose and recipients.
How to correct erroneous data in a government file?
Written rectification request to the authority (art. 32 para. 1 FADP). It must correct inaccurate data. If refused, an administrative appeal is possible.
Who oversees government data protection compliance?
The Federal Data Protection and Information Commissioner (FDPIC) supervises federal bodies (art. 43 FADP). Cantonal commissioners handle cantonal level.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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