Anyone may consult the register. English is not an official language of the Swiss Confederation. The Official Information Act 1982: A Window on Government or Curtains Drawn? AS 2007 5437 Annex No I]4 Inserted by No II of the FD of 20 June 1997, in force since 1 Jan. 1998 (AS 1997 2372; BBl 1997 I 877). This guidance explains the process in more detail.You may also like to check out the links below, as the information you need may already be publicly available: 1. 2 They may process sensitive personal data and personality profiles only if a formal enactment expressly provides therefor or if, by way of exception: 1 The Federal Council may, having consulted the Commissioner and before a formal enactment comes into force, approve the automated processing of sensitive personal data or personality profiles if: 2 A test phase may be mandatory for the practical implementation of data processing if: 3 The Federal Council shall regulate the modalities of automated data processing in an ordinance. [61][62][63] It is seen as having enabled other transparency reforms, such as the Privacy Act, Public Finance Act, and Fiscal Responsibility Act. Back to topLast update: 05.12.2020, Section 2 General Data Protection Provisions, Limitation of the duty to provide information, Section 3 Processing of Personal Data by Private Persons, Duty to provide information on the collection of sensitive personal data and personality profiles, Section 4 Processing of Personal Data by Federal Bodies, Automated data processing in pilot projects, Duty to provide information on the collection of personal data, Restriction of the duty to provide information, Offering documents to the Federal Archives, Procedure in the event of the disclosure of official documents containing personal data, Section 5 Federal Data Protection and Information Commissioner, Reappointment and termination of the term of office, Transitional provision to the Amendment of 19 March 2010, Final Provision of the Amendment of 24 March 2006, 235.1 Federal Act of 19 June 1992 on Data Protection (FADP). 7. This Act may be cited as the "President John F. Kennedy Assassination Records Collection Act of 1992." [86], A review by Chief Ombudsman Beverley Wakem in 2015 focused on the implementation of the Act by government agencies. 2540; Being the 52nd Year of the Present Reign. 4 If the investigation reveals that data protection regulations are being breached, the Commissioner shall recommend that the federal body concerned change the method of processing or abandon the processing. 1 Unless there are cantonal data protection regulations that ensure an adequate level of protection, Articles 1–11a, 16, 17, 18–22 and 25 paragraphs 1–3 of this Act apply to the processing of personal data by cantonal bodies in the implementation of federal law.1. To maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by Ministers of the Crown and officials. To maintain the constitutional conventions for the time being which protect the political neutrality of officials. Freedom of information RSS feed. The first standard gazette for next year will be published on Friday, 15 January 2021. 1 Inserted by No I of the FA of 24 March 2006 (AS 2007 4983; BBl 2003 2101). [17] In 1980 it reported back, recommending the replacement of the Official Secrets Act with a new Official Information Act, based on a principle of openness. Part I — Preliminary. 1 Term in accordance with Annex No 4 of the Freedom of Information Act of 17 Dec. 2004, in force since 1 July 2006 (AS 2006 2319; BBl 2003 1963). [19] Ministers could also over-rule a decision by the Ombudsman to release information simply by recording that decision in writing. The decision is communicated to the data subjects in the form of a ruling.3, 6 The Commissioner has a right of appeal against the ruling under paragraph 5 and against the decision of the appeal authority.4. To enable a Minister of the Crown or any department or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). [33] Any charge set must be reasonable. 102-526) Section 1. Trade Union and Labour Relations (Consolidation) Act 1992 is up to date with all changes known to be in force on or before 02 December 2020. Freedom of Information Act (FOIA) Committee, see Mayor’s Order 2001-30, February 27, 2001 ( 48 DCR 2380). Access to Email Traffic of District Government Employees, see Mayor’s Order 2003-164, November 21, 2003 ( 50 DCR 10604). 1 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).2 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). [7] The Act is routinely used by political parties, journalists, lobbyists and individuals to gain a wide range of information, from government policy and statistics to information about decision-making, and "useful – and even embarrassing – information is regularly released". The FOI Act also applies to Norfolk Island public sector agencies and official documents of Norfolk Island ministers. 8.67 The Privacy Act covers “personal information”, which is defined in section 2 of the Act as information about an identifiable individual. 1 Legal protection is governed by the general provisions on the administration of federal justice. These provisions were replaced by the Privacy Act 1993, but a legacy provision still covers corporate entities. 2 Supervision is governed by the provisions on federal bodies. "[13] The creation of the Office of the Ombudsman and changes of administrative law created a presumption that people were entitled to know the reasons for decisions made about them. Some non-government agencies are also included, such as certain officers of parliament. [85] The government adopted a number of minor technical reforms, but rejected any significant change. 1 SR 1012 Amended by No 3 of the FA 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).3 BBl 1988 II 4134 Amended by Annex No 26 des Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).5 FCD of 14 June 1993 (AS 1993 1958).6AS 2007 4983, For comments and observations: Official Publications Centre
1 Amended by Annex 1 No II 14 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).2 SR 2103 SR 272. [89], In 2018 the government included a commitment to investigate whether to conduct a formal review of the Act in its Open Government Partnership action plan. 2 An overriding interest of the person processing the data shall in particular be considered if that person: 1 The controller of the data file is obliged to inform the data subject of the collection of sensitive personal data or personality profiles; this duty to provide information also applies where the data is collected from third parties. 4 If the controller of a data file has personal data processed by a third party, the controller remains under an obligation to provide information. 5 It may conclude international treaties on data protection provided they comply with the principles of this Act. In 2016 the Ombudsman ruled that legal advice to the Ministry of Health on the interpretation of the Human Assisted Reproductive Technology Act 2004 should be made public, as the protection of, In 2017 documents released under the Act revealed that billionaire, This page was last edited on 26 November 2020, at 17:07. 1 Amended by No 3 of the FA 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).2 Amended by No II 1 of the FA of 28 Sept. 2018 on the Implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).3 SR 172.220.14 Amended by No II 1 of the FA of 28 Sept. 2018 on the Implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). This was to be implemented through a rewritten Act, which would cover both central and local government. 5 In derogation from the provisions in paragraphs 2 and 3, the controller of data files is not required to declare his files if: 6 The Federal Council regulates the modalities for the declaration of data files for registration, the maintenance and the publication of the register, the appointment and duties of the data protection officer under paragraph 5 letter e and the publication of a list of controllers of data files that are relieved of the reporting obligation under paragraph 5 letters e and f. 1 Anyone who processes personal data must not unlawfully breach the privacy of the data subjects in doing so. 1 This Act is subject to an optional referendum. [54], The Act provides immunity from civil and criminal proceedings for good faith decisions to release information under the Act. Environmental campaigns such as the Save Manapouri campaign and the passage of freedom of information legislation overseas created further pressure. In 1962, a Royal Commission of Inquiry into state services declared that "Government administration is the public’s business, and that the people are entitled to know more than they do of what is being done, and why. 4 The federal body shall refuse or restrict disclosure, or make it subject to conditions if: 1 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).2 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).3 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).4 SR 152.35 Inserted by Annex No 4 of the Freedom of Information Act of 17 Dec. 2004, in force since 1 July 2006 (AS 2006 2319; BBl 2003 1963).6 Second sentence according to No I of the FA of 24 March 2006, with effect from 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).7 Inserted by Annex No 4 of the Freedom of Information Act of 17 Dec. 2004, in force since 1 July 2006 (AS 2006 2319; BBl 2003 1963). This amendment is taken into account throughout this Act.2 SR 172.0213 Second sentence according to No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).4 Inserted by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). 5 If a recommendation is not complied with or is rejected, he may refer the matter to the department or to the Federal Chancellery for a decision. 2 Its processing must be carried out in good faith and must be proportionate. The bodies of the Federal Administration may permit him to inspect their files. It is New Zealand's primary freedom of information law and an important part of New Zealand's constitutional framework. As originally enacted,[20] the Act included a clause protecting information regarding "competitive commercial activities" by the government, and included no deadline for responding to requests. 1 A data subject that credibly demonstrates a legitimate interest may request the federal body concerned to block the disclosure of certain personal data. 1 The Commissioner has the following additional tasks in particular:1. [93] In July 2020 Justice Minister Andrew Little announced that the Act would be rewritten. There are changes that may be brought into force at a future date. English is not an official language of the Swiss Confederation. The Act does not apply to the courts, the Parliamentary Service, quasi-judicial agencies such as the Independent Police Conduct Authority and Inspector-General of Intelligence and Security, or to local government (which is covered by the Local Government Official Information and Meetings Act 1987). The Official Information Act was passed at the same time as the 1997 Constitution, and was designed to formally define the conditions of access to information. In 2010, details of Ministerial credit card spending from 2003 to 2008 was released under the Act. 3 In investigating cases, he may request the production of files, obtain information and arrange for processed data to be shown to him. (1977). This translation is provided for information purposes only and has no legal force. the Electricity Act 1992, how and why was the Minister satisfied that sufficient consultation had already taken place?-What date was a notice published in the Gazette that the requirements of section 38 of the Electricity Act 1992 had been complied with? 1 Repealed by Annex No I of the FA of 30 Sept. 2011 on Research involving Human Beings, with effect from 1 Jan. 2014 (AS 2013 3215; BBl 2009 8045). To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest. Since then the Act has received only minor, technical amendments, and its major features have remained unchanged. [23], The Act applies to "information", regardless of form, not just documents, and includes "not only recorded data but also knowledge of a particular fact or state of affairs held by officers in a named organisation or Department in their official capacity". [34], The guiding principle of the New Zealand Act is the principle of availability which states: "That information shall be made available unless there is good reason for withholding it". 1 Amended by Annex No 4 of the Freedom of Information Act of 17 Dec. 2004, in force since 1 July 2006 (AS 2006 2319; BBl 2003 1963).2 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).3 Inserted by Annex No 4 of the Freedom of Information Act of 17 Dec. 2004 (AS 2006 2319; BBl 2003 1963). 3 He has a permanent secretariat and his own budget. The decision shall be published. 1 Personal data must be protected against unauthorised processing through adequate technical and organisational measures. Prior to 1982, official information was assumed to be the property of the government, not the people. based on Articles 95, 122 and 173 paragraph 2 of the Federal Constitution1,2 and having regard to the Federal Council Dispatch dated 23 March 19883. (e.g. 3 It may provide for derogations from Articles 8 and 9 in relation to the provision of information by Swiss diplomatic and consular representations abroad. 2 The employment relationship is governed by the Federal Personnel Act of 24 March 20003, unless this Act provides otherwise. If there is no longer a public interest in the accessibility of such data, the data concerned must be removed from the automated information and communication service.7. Freedom of Information Bill (2nd reading) (Vol. The Act mandated that all assassination-related material be housed in a single collection in the National Archives and Records Administration Must declare their data files to the Commissioner may not carry on another provided! To appeal against this decision.4 a copy of the Swiss Confederation declare all their data is.! Files must be proportionate given expressly in the case of processing of data... 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