SCC Art. 349g -

Einleitung zur Rechtsnorm SCC:

Art. 349g SCC from 2024

Art. 349g g. Verification of the legality of the data processing ⁽¹⁾

¹ The data subject may request the FDPIC to check whether any data relating to the data subject is being processed lawfully if:

a. the data subject’s right to information about the exchange of data about them is restricted or deferred (Art. 19 and 20 FADP ⁽²⁾ );

b. his or her right to information is denied, restricted or deferred (Art. 25 and 26 FADP); or

c. his or her right to request the rectification, destruction or deletion of data relating to him or her is partially or completely denied (Art. 41 para. 2 let. a FADP). ⁽³⁾

² Only a federal authority under the supervision of the FDPIC may be examined.

³ The Commissioner shall complete the verification; he shall notify the data subject that either no data relating to him or her has been unlawfully processed, or that he has opened an investigation pursuant to Article 49 FADP in the case of errors in the processing of personal data. ⁽³⁾

⁴ If the FDPIC finds errors in the processing of the data, he shall order the competent federal authority to correct them.

⁵ The notification referred to in paragraph 3 shall always be worded in the same way and is not substantiated. It may not be contested.

⁽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).
⁽²⁾ SR 235.1
⁽³⁾ ⁽⁴⁾
⁽⁴⁾ Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.