Take-Aways (AI)
  • The Fede­ral Supre­me Court con­firm­ed the FAC’s dis­clo­sure order in favor of the FDPIC against pre­su­ma­b­ly Moneyhouse.
  • The FAC had orde­red Money­hou­se to hand over docu­ments on cre­dit rating sub­scrip­ti­ons, month­ly cre­dit rating queries and data qua­li­ty in 2014.
  • Inter­fe­rence with busi­ness secrets was rejec­ted; the FDPIC and the FAC are sub­ject to offi­ci­al sec­re­cy and can redact con­fi­den­ti­al information.

The Fede­ral Supre­me Court pro­tects an edi­ti­on order of the FAC in favor of the FDPIC against an unna­med par­tywhich, howe­ver, can only be Money­hou­se (see also here). At the request of the FDPIC, the FAC had orde­red Money­hou­se to sub­mit docu­ments on the cre­dit­wort­hi­ness sub­scrip­ti­ons in 2014 and on the cre­dit­wort­hi­ness queries made per month in 2014, as well as docu­ments regar­ding data qua­li­ty and accuracy. 

Money­hou­se has argued befo­re the Fede­ral Supre­me Court that this would inter­fe­re with its pro­tec­ted con­fi­den­tia­li­ty. The BGer rejects this argu­ment: the FDPIC and the FAC are sub­ject to the Offi­ci­al Secretsand should the FDPIC publish a recom­men­da­ti­on after the con­clu­si­on of the fact-fin­ding pro­cess, it is up to him to black out con­fi­den­ti­al infor­ma­ti­on (after con­sul­ting Moneyhouse).