VPB 67.70: Decision of the President of the Federal Data Protection Commission of December 8, 2000
Art. 8 para. 2 FADP. Right to information. Subject matter. Burden of proof for the correctness of the information and obligation to cooperate.
- Jurisdiction of the Federal Data Protection Commission in the case of alleged denial of justice (E. 1).
- According to Art. 8 para. 2 FADP, there is no legal entitlement to receive information on all technically possible data queries by a federal body. The right to information extends only to the personal data of the person requesting information, and it exists only vis-à-vis the owner of a data file (E. 2).
- The FADP requires that the information to be provided by the controller of a data file is truthful. In the event of a dispute, the data controller is also obliged to prove that it has provided truthful information. However, the mere assertion by the complainant that the information provided to him was incomplete or untrue does not in itself provide a basis for proving that this is indeed the case (E. 4.a).
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