- The Data Protection Act (DPA) also applies in the run-up to civil proceedings; it is necessary to check whether requests for information are being used to obtain evidence in abuse of the law.
- Banks are generally obliged to provide information about internal personal data unless the data collector can demonstrate overriding interests worthy of protection.
Regalia:
Art. 2 para. 2 lit. c, Art. 8 and 9 apara. 3 (in the version applicable since 1 December 2010: para. 4) FADP, Art. 2 CC. Obligation of a bank to provide information on bank-internal personal data concerning customers.
Scope of application of the Data Protection Act in the run-up to civil proceedings, namely when the allegation is made of a proscribed search for evidence, and relationship to the possibility of requesting a precautionary taking of evidence (E. 4). Examination of whether the request for information is being exercised in a manner that is contrary to its purpose and thus abusive of the law in light of the objectives of the Data Protection Act (E. 5). In casu, the data controller’s own overriding interests justifying a refusal to provide information have not been demonstrated (E. 6).Source: BGE 138 III 425