152.3 BGÖLTransLTras

CH AI generated

Art. 2 Federal Act of 17 December 2004 on Freedom of Information in the Administration (FoIA) - Personal scope of application

FoIA

Open official source Full Act (25 Articles) Machine-readable Markdown (.md)

Legislator summary

AI generated

This Act applies to: a. the Federal Administration; b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 {note: SR 172.021} on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services. This Act does not apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority. {note: Amended by Annex No 1 the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 ( AS 2008 5207; BBl 2006 2829).} The Federal Council may exclude other organisational units of the Federal Administration, as well as other organisations and persons outside the Federal Administration, from the scope of this Act if: a. the tasks assigned to the same so require; b. their competitiveness would be prejudiced by being subject to this Act; or c. the tasks assigned to them are of only minor importance.

Art. 2 FoIA · Personal scope of application

This Act applies to: a. the Federal Administration; b. public and private bodies outside the Federal Administration, insofar as they enact legislation or issue first instance rulings within the meaning of Article 5 of the Federal Act of 20 December 1968 on Administrative Procedure (Administrative Procedure Act); c. the Parliamentary Services.

This Act does not apply to the Swiss National Bank or the Swiss Financial Market Supervisory Authority.

The Federal Council may exclude other organisational units of the Federal Administration, as well as other organisations and persons outside the Federal Administration, from the scope of this Act if: a. the tasks assigned to the same so require; b. their competitiveness would be prejudiced by being subject to this Act; or c. the tasks assigned to them are of only minor importance.

← Art. 1 FoIA Federal Act of 17 December 2004 on Freedom of Information in the Administration (FoIA) - Aim and subject matter Art. 3 FoIA →

Court Decisions Applying This Provision (57)

EDÖB · Empfehlung vom 25 J (Art. 2 Abs. 1 Bst. b BGÖ)

Insurer's Disclosure Obligations for Reimbursement and Premium Data

Used to determine that Assura is not within the personal scope of the Public Access Act regarding premium setting and approval.

EDÖB · Empfehlung vom 21 F (Art. 2 Abs. 2 BGÖ)

Uzbekistan's IMF Re-entry Documents Access Case

Exclusion of the Swiss National Bank (SNB) and FINMA from the scope of the FOI Act.

EDÖB · Swisstransplant Un (Art. 2 Abs. 1 Bst. b BGÖ)

Journalist Denied Organ Transplant Report Access, Transparency Interest Prevails

Used to establish that Swisstransplant falls within the personal scope of the Freedom of Information Act.

EDÖB · Empfehlung Swisstran (Art. 2 Abs. 1 Bst. b BGÖ)

Journalist v. Organ Donation Foundation (Transparency of Organ Allocation Report)

Establishes that Swisstransplant falls within the personal scope of the Freedom of Access to Information Act.

EDÖB · GS EFD Screenshots (Art. 2 Abs. 2 BGÖ)

Journalist vs. Federal Department of Finance on "CS Complex" Documents

Cited to argue that documents from FINMA or SNB are not subject to the Openness Act, but the argument was not sufficiently substantiated.

EDÖB · Empfehlung vom 27 N (Art. 2 Abs. 2 BGÖ)

Journalist's Access to Bank Rescue Documents

Used to exclude documents from the SNB or FINMA from the scope of the BGÖ, and thus reject the access request for these documents.

EDÖB · Empfehlung vom 13 J (Art. 2 Abs. 1 Bst. a BGÖ)

Public Health Data Access Dispute

This provision defines the scope of the FOI Act, applying it to the federal administration.

EDÖB · GS VBS Schlussberi (Art. 2 Abs. 1 Bst. a BGÖ e contrario)

Crypto AG Affair Report - Access Denied

The Public Access to Information Act is not applicable to the Federal Council as the government.

EDÖB · Empfehlung vom 18 A (Art. 2 Abs. 1 Bst. a BGÖ e contrario)

Crypto AG Affair Report - Access Denied

The document is attributed to the Federal Council as the executive body, which is not subject to the Freedom of Information Act.

EDÖB · Empfehlung NKVF 11 7 (Art. 2 Abs. 1 Bst. a BGÖ)

Journalist's Access to Torture Prevention Commission Reports vs. Correctional Facility Individual's Rights

Cited to establish that the Federal Act on Freedom of Information applies to the Federal Administration.

EDÖB · Eidgen ssische Techn (Art. 2 Abs. 1 Bst. a BGÖ)

Public Health Data Access Dispute

This provision states that the Freedom of Information Act applies to the federal administration.

EDÖB · Tr gerorganisation f (Art. 2 Abs. 1 Bst. b BGÖ)

Access to Professional Examination Documents Granted Under FOIA

Basis for determining that the Trägerorganisation and the Prüfungskommission fall within the scope of the Public Access Act.

EDÖB · SBFI Schweizerisch (Art. 2 Abs. 1 BGÖ)

Journalist's Access to ESA Funding Documents in Switzerland

Used to determine which authorities are subject to the law and to whom the request should be forwarded.

EDÖB · Die Mobiliar Gutac (Art. 2 Abs. 1 Bst. b BGÖ)

Insurer's Data Protection and Freedom of Information Obligations Regarding Expert Reports and Statistics

Cited as the basis for including the insurance company within the scope of the Transparency Act when issuing administrative decisions.

EDÖB · SNF Dokumente zum (Art. 2 Abs. 1 Bst. a BGÖ)

Freedom of Information Act Request for Research Grant Information

Cited to determine whether the SNF falls within the personal scope of the publicity law.