The Federal Administrative Court has ruled with the Judgment A‑5921/2020 of 29.07.2021 decided that Passenger transport contracts of a civil nature are. Although the FAC refers to the deviating opinion according to which the passenger transport contract is of an administrative law nature, it does not adopt it. Consequently, the contractual issuance of the SwissPass, a carrier medium of the transport season ticket or the transport contracts, is also to be assigned to private law.
Accordingly, also the data collection associated with the issuance of the SwissPass as civil to qualify as a private person. SBB is therefore subject to the rules on private individuals (Art. 12 ff. FADP) for the corresponding data processing. Accordingly, it cannot issue any orders in this area.
Disclaimer: SBB was represented by Walder Wyss in these proceedings.