The Right to Privacy in Switzerland

Constitutional Foundation (art. 13 FC)

Right to respect for private and family life, home, correspondence and telecommunications. Right to protection against misuse of personal data.

Personality Protection (art. 28 et seq. CC)

Any person suffering an unlawful violation of their personality may sue for protection. Unlawful unless justified by consent, overriding interest or law (art. 28 para. 2 CC). Covers: honour, image, privacy, name, intimate sphere.

Actions (art. 28a CC): prevention (imminent violation), cessation (ongoing), declaration (past). Plus damages (art. 41 et seq. CO) and moral compensation (art. 49 CO).

Federal Act on Data Protection (new FADP, 2023)

Inspired by the EU GDPR. Applies to processing by private persons and federal bodies. Principles: lawfulness, good faith, proportionality, purpose limitation, accuracy, data security (art. 6 FADP). Sensitive data and high-risk profiling require explicit consent (art. 6 para. 7 FADP).

Individual rights: access (art. 25 FADP), rectification (art. 32 FADP), erasure/destruction. FDPIC: supervises compliance, with enhanced investigation and sanction powers. Sanctions: fines up to CHF 250,000 for responsible individuals (art. 60 et seq. FADP) - unlike GDPR, fines target individuals, not companies.

Criminal Code Protection

Art. 179bis CP: eavesdropping/recording private conversations. Art. 179quater CP: unauthorised photography in private domain. Art. 179novies CP: extraction of personal data.