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Federal Act of 17 December 2004 on Freedom of Information

Source : Federal law
Code/RS : SR 152.3
  • Abbreviation :

    FoIA

  • Provision :

    Arts. 6 - 17 (+ Arts. 2 - 16 FoIO)

  • Short description :

    Access to official documents

  • Nature of the provision :

    Right to request data

  • Status :

    In force

  • Sector :

    All

Legal text :

Article 6 Principle of freedom of information 1 Any person may see official documents and obtain information on their contents from the authorities. 2 Any person may see official documents on site or request copies of them. Copyright legislation shall take precedence. 3 If the federal authorities already published the official documents on paper or in electronic form, the conditions stated in paragraphs 1 and 2 shall be deemed fulfilled. (...)

Actor with an obligation to share data

Federal authorities

Beneficiaries

All

Linking criteria for Switzerland

Linking criteria for Switzerland

Financial aspects

In principle free (exceptions may apply)

Binding and/or enforceable

Binding obligation; enforceable right

Conditions for accessing data

Existence of an official document

Exceptions and limitations

There are several exceptions or restrictions. See Art. 7 ff. of the FoIA, and 2 ff. of the FoIO, as well as the decisions handed down by the courts and the opinions of the Federal Data Protection and Information Commissioner.

Static data

Format

No required format

Plateform

n/a

Notes

See the recommendations made by the FDPIC: https://www.edoeb.admin.ch/edoeb/en/home/oeffentlichkeitsprinzip/bgoe_empfehlungen.html The law on transparency does not apply to cantonal and communal authorities. However, most cantons implement the principle of transparency in their administrations by means of regulations at constitutional or legislative level.

Actor with an obligation to share data Federal authorities

Beneficiaries All

Linking criteria for Switzerland n/a

Financial aspects In principle free (exceptions may apply)

Binding and/or enforceable Binding obligation; enforceable right

Conditions for accessing data Existence of an official document

Exceptions and limitations There are several exceptions or restrictions. See Art. 7 ff. of the FoIA, and 2 ff. of the FoIO, as well as the decisions handed down by the courts and the opinions of the Federal Data Protection and Information Commissioner.

Time component Static data

Format No required format

Plateform n/a

Notes See the recommendations made by the FDPIC: https://www.edoeb.admin.ch/edoeb/en/home/oeffentlichkeitsprinzip/bgoe_empfehlungen.html The law on transparency does not apply to cantonal and communal authorities. However, most cantons implement the principle of transparency in their administrations by means of regulations at constitutional or legislative level.

Compilation and Disclaimer

This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law). 

This index does not constitute legal advice, and no guarantee is given regarding its completeness. 

Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.