08.10 Legal consequences of violation of data protection principles

08 Data Protection

One shortcoming of the current Swiss data protection law is that its violators have practically no legal consequences to fear. With a few exceptions, the violation of the regulations, in particular the principles of the Data Protection Act, is not punishable (see FADP 34 f.). Otherwise, affected persons must enforce their rights through civil action in accordance with Swiss Civil Code, CC 28 (unlawful infringement of personality rights). However, since such a procedure is associated with a large cost risk, this is only rarely done. A more effective option is the Federal Data Protection and Information Commissioner (FDPIC). In accordance with FADP 29, the FDPIC can investigate violations of the Data Protection Act on his or her own initiative or upon notification and issue appropriate recommendations. If these are not followed or rejected, the FDPIC may refer them to the Federal Administrative Court for a decision. Finally, the FDPIC may refer a decision of the Federal Administrative Court to the Federal Supreme Court. Corresponding cases, such as the one concerning «Street View» against Google can be found under the following link (Ger., no engl. translation): www.edoeb.admin.ch/edoeb/de/home/datenschutz/dokumentation/weiterzuege.html.

08 Data Protection