Freedom of Information Act (FoIA)
Federal Assembly of Switzerland
  • Federal Act on Freedom of Information in the Administration (SR 152.3)
Territorial extentSwitzerland
Enacted byFederal Assembly of Switzerland
Enacted17 December 2004
Commenced1 July 2006
Status: Current legislation

The Freedom of Information Act (FoIA) (German: Öffentlichkeitsgesetz, BGÖ, French: Loi sur la transparence, LTrans, Italian: Legge sulla trasparenza, LTras), is a Swiss federal law that guarantees the right of access to information held by federal authorities in Switzerland.[1] It was adopted on 17 December 2004 by the Federal Assembly and came into force on 1 July 2006.

Under the law, anyone, regardless of nationality or residence, can request information held by federal authorities. The requested information must be related to the activities of federal authorities and be in a form that is readily available.

Access to documents at the cantonal level is governed by cantonal laws, which are mostly similar to the federal law. As of 2018, the cantons of Appenzell Innerrhoden, Glarus, Lucerne, Nidwalden, Obwalden and Thurgau do not have freedom of information legislation.[2]

Prior to the introduction of the law, the activities of the federal administration was in principle secret. A right of access to official documents was only granted in very specific cases.[3]

Exceptions and restrictions

The law excludes requests for "official documents relating to civil proceedings, criminal proceedings, international mutual and administrative assistance proceedings, international dispute settlement proceedings, constitutional and administrative judicial proceedings, or arbitration proceedings" (art. 3 para. 1).

Additionally, access may be refused if the privacy of third parties may be violated or if the security of Switzerland may be jeopardized (art. 7).

Enforcement

The law is enforced by the Federal Data Protection and Information Commissioner (FDPIC), who is responsible for overseeing the implementation of the law and investigating complaints of violations.

Requests for information can be made verbally (by phone or on site) or in writing (by email, fax or letter) and do not require any justification. Requests are generally subject to a fee, which are waived if under 100 CHF.[4]

If the request is denied, individuals have the right to appeal to the Federal Administrative Court. The Court will review the decision and may order federal authorities to release the requested information.

References

  1. ↑ "Fedlex". www.fedlex.admin.ch. Retrieved 2023-03-26.
  2. ↑ "Öffentlichkeitsgesetz.ch: Die Kantone". oeffentlichkeitsgesetz.ch (in Swiss High German). 26 May 2015. Retrieved 21 October 2018.
  3. ↑ FF 2003 1807, Message relatif à la loi fédérale sur la transparence de l'administration (Loi sur la transparence, LTrans)
  4. ↑ Öffentlichkeitsbeauftragter (EDÖB), Eidgenössischer Datenschutz-und. "Musterbriefe Zugangsgesuch". www.edoeb.admin.ch (in German). Retrieved 2023-03-29.
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