SCC Art. 349e -

Einleitung zur Rechtsnorm SCC:

Art. 349e SCC from 2025

Art. 349e Disclosure of personal data to a recipient established in a third country ⁽¹⁾

¹ Where it is not possible, in particular in cases of emergency, to disclose personal data to the competent authority of a third country through the normal channels of police cooperation, the competent authority may exceptionally disclose them to a recipient established in that country, provided the following requirements are fulfilled:

a. The disclosure is essential to fulfil a statutory task of the authority disclosing the data.

b. No overriding interests of the data subject worthy of protection stand in the way of disclosure.

² The competent authority shall inform the recipient of the personal data at the time of disclosure that he may use the data only for the purposes specified by the authority.

³ It shall inform the competent authority of the third country without delay of any disclosure of personal data, provided it considers this appropriate.

⁴ If the responsible authority is a federal authority, it shall inform the FDPIC without delay of any disclosure pursuant to paragraph 1.

⁵ It shall document each disclosure of personal data. The Federal Council shall regulate the details.

⁽¹⁾ Inserted by No II 2 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).

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.