1. État, peuple, Authorities » 17. Authorities » 170. General Provisions (CPDT-JUNE)

The Intercantonal Agreement of 8 and 9 May 2012 on Data Protection and Transparency in the Cantons of Jura and Neuchâtel (CPDT-JUNE) is hereby approved.

The amendment of February 15 and 16, 2022, to the intercantonal convention of May 8 and 9, 2012, concerning data protection and transparency in the cantons of Jura and Neuchâtel (CPDT-JUNE) is approved.

The purpose of this convention is to establish common legislation and institutions for the cantons of Jura and Neuchâtel (hereinafter referred to as "the cantons") in the fields of data protection and transparency.

It aims to protect the personality and fundamental rights of individuals who are the subject of personal data processing.

It also aims to enable the autonomous formation of opinions, to promote the participation of citizens in public life, and to ensure the transparency of authorities' activities.

This decree is subject to an optional referendum.

This decree is subject to an optional referendum.

The present convention applies to the following entities (hereinafter: "the entities")

a) to the cantonal legislative, executive, administrative, and judicial authorities, and the bodies dependent on them;

b) to the municipalities and the bodies dependent on them;

c) to cantonal and municipal public law corporations and institutions;

d) to private law natural and legal persons and groups of persons who perform tasks of public interest or delegated by an entity within the meaning of letters a to c;

e) to institutions, establishments, or companies of private or cantonal public law in which one or more entities within the meaning of letters a to c together hold at least a majority participation, insofar as they perform tasks of public interest.

The Government sets the effective date of this order.

The Government determines the entry into force of this order.

The present convention governs the processing of data concerning natural and legal persons carried out by entities.

If necessary and within the framework of the principles of this convention, the cantons may enact special laws that deviate from it, with these laws then applying as supplementary law.

In terms of transparency, this convention establishes the common applicable principles. The information policy and its procedures are left to the discretion of the cantons.

**Authorities Responsible for Ensuring the Application of the Present Convention:**

a) The Data Protection and Transparency Officer (hereinafter: "the Officer");

b) The Data Protection and Transparency Commission (hereinafter: "the Commission").

These bodies perform their tasks autonomously and, for this purpose, have the necessary means, including their own budget.

The Officer and the Commission members are bound by professional secrecy. They may be released from this obligation by the relevant cantonal executive when an overriding private or public interest demands it; when both cantons are affected, the Officer and the Commission may be jointly released from secrecy by the Jura Government and the Neuchâtel Council of State (hereinafter: "the cantonal executives").

The officer, as well as the president and the members of the commission, are appointed jointly by the cantonal executives.

1bis They must possess the qualifications or experience, particularly in the field of personal data protection, necessary for the exercise of their function and powers.

They perform their duties with complete independence.

They may not engage in any other activity unless it is compatible with their function.

The seat of the representative is jointly determined by the cantonal executives.

He is appointed for a term of five years.

He has a permanent secretariat, the staffing, operation, and status of which are defined by the cantonal executives. He hires his staff.

The official relations of the representative are tacitly renewed for a new period of five years, unless the cantonal executives jointly decide, no later than six months in advance, not to renew them for sufficiently objective reasons.

During the period, the executives may jointly revoke the representative if he has seriously violated his official duties or has permanently lost the capacity to perform them.

The representative may terminate the official relations with six months' notice.

The workload of the representative and his remuneration are jointly determined by the cantonal executives. Otherwise, his status is governed by the public service personnel legislation of the host canton.

In case of a dispute, the representative may appeal to the Cantonal Court of the host canton.

The commission is composed of five members.

It includes at least one legal expert and one specialist in information technology. The cantons are equitably represented within it.

Its seat is jointly determined by the cantonal executives. To the extent necessary, it receives support from the registry of the first-instance judicial authority where its seat is located.

The members of the commission are appointed for a term of five years. They may be reappointed, subject to the regulations concerning retirement age. They are compensated according to the terms set by the cantonal executives.

The commission meets at least once a year and, additionally, according to the matters to be addressed.

It can deliberate validly in the presence of at least three of its members.

The officer is responsible for promoting data protection and transparency by informing and raising awareness among the public and entities about the principles outlined in this convention.

They provide opinions on legislative projects impacting data protection and transparency, assist, and advise individuals and entities in these two areas.

They render the opinions and advice provided for by this convention, mediate between parties, and submit the reports mentioned in Article 13.

Regarding data protection, they specifically maintain the public register of files, monitor the implementation of this convention, may issue recommendations, refer matters to the commission, and file appeals.

They keep track of relevant developments, notably in the field of information and communication technologies, to the extent that they impact the protection of personal data.

They collaborate with bodies from other cantons, the Confederation, and foreign states that perform the same tasks.

The commission issues the decisions provided for by this convention.

It sends the report mentioned in Article 13.

It organizes itself freely and may adopt internal regulations.

Upon proposals from the official and the commission, the budgets allocated to them annually are jointly prepared by the cantonal executives.

1bis At the request of the official or the commission, their budget proposals are transmitted to the cantonal legislatures.

As part of their annual report, the official and the commission present the accounts for the previous fiscal year.

The procedures relating to the budget and accounts specific to each canton are reserved for the remainder.

The charges and revenues are distributed among the cantons in proportion to their respective resident populations as of December 31 of the previous year. The cantonal executives may, depending on the circumstances, agree on a different distribution key.

Furthermore, the financial modalities are determined by the heads of the Department of Finance of the cantons.

For each fiscal year, the officer and the commission shall submit a report of their activities to the cantonal legislative and executive authorities by March 31 of the following year.

They ensure its publication.

The officer may also submit a special report to these authorities at any time.

Definitions

a) Personal data (hereinafter referred to as "data"): all information relating to an identified or identifiable person;

b) Sensitive data

1. Data concerning religious, philosophical, political, or union-related opinions or activities;

2. Data concerning health, intimate sphere, or racial or ethnic origin;

3. Genetic data;

4. Biometric data uniquely identifying an individual;

5. Data concerning criminal and administrative prosecutions or sanctions;

6. Data concerning social assistance measures;

c) Profiling: any form of automated data processing consisting of using this data to evaluate certain personal aspects relating to an individual, particularly to analyze or predict elements concerning the individual's work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;

cbis) High-risk profiling: any profiling involving a high risk to the personality or fundamental rights of the concerned person, as it leads to data matching that allows the assessment of essential characteristics of an individual's personality;

d) File: any structured set of personal data accessible according to determined criteria, whether centralized, decentralized, or distributed in a functional or geographical manner;

e) Data subject: the natural or legal person concerning whom data is processed;

f) Data controller: the entity that, alone or jointly with others, determines the purposes and means of data processing;

g) Processing: any operation related to data—regardless of the means and methods used—including the collection, storage, exploitation, modification, communication, archiving, erasure, or destruction of data;

h) Communication: the act of making data accessible, for example by authorizing its consultation, transmitting, or disseminating it;

i) Online communication: an automated procedure allowing an entity to have data without the intervention of the one communicating it;

j) Formal law: legislative texts subject to mandatory or optional referendum, as well as regulations adopted in a communal assembly;

k) Processor: the private person or entity processing data on behalf of the data controller;

l) Recipient: the natural or legal person, public authority, service, agency, or any other body that receives data communication or to whom data is made accessible;

m) Automated individual decision: any decision made solely based on automated data processing, including profiling, which has legal effects on the data subject or significantly affects them;

n) Data security breach: any security breach accidentally or unlawfully resulting in the loss of data, its alteration, erasure, destruction, disclosure, or unauthorized access to such data.

The present chapter shall not apply to

a) deliberations of cantonal and communal legislative authorities, as well as those of their commissions;

b) the processing of data within the context of pending judicial and arbitration proceedings, provided that the applicable procedural provisions ensure protection at least equivalent to that arising from the present chapter;

c) data processed by entities within the framework of an activity subject to economic competition governed by private law.

Data may be processed if a legal basis provides for it or if their processing is necessary for the fulfillment of a legal task.

Sensitive data and high-risk profiling can only be processed if a formal legal basis expressly authorizes it. A substantive legal basis is sufficient if the following conditions are met

a) the processing is essential for the fulfillment of a task clearly specified in a law in the formal sense;

b) the processing is not likely to result in particular risks to the personality and fundamental rights of the individuals concerned.

Only the data necessary and appropriate to achieve the intended purpose may be processed.

Data must be stored in a form that allows the identification of the individuals concerned for no longer than is necessary in view of the purposes for which they are processed.

The processing of data must be conducted in accordance with the principle of good faith.

Data can only be collected for specific and discernible purposes for the data subject and must be subsequently processed in a manner compatible with these purposes.

Article [Number]: Data Accuracy and Completeness

The data processor must ensure that the data is accurate and complete. They shall take all appropriate measures to rectify, erase, or destroy any inaccurate or incomplete data with respect to the purposes for which it is collected or processed. The appropriateness of the measures depends notably on the type and scope of the processing, as well as the risk that the processing of the data in question poses to the personality or fundamental rights of the individuals concerned.

Entities must ensure, through appropriate organizational and technical measures, adequate data security in relation to the risk involved. The measures must prevent any breach of data security.

Entities ensure the integrity, availability, and confidentiality of data.

Data controllers maintain a register of their files.

The officer maintains a public register listing the files containing sensitive data and high-risk profiling. These files are reported to him by the data controllers before they become operational.

Any person may freely consult the directories and the public register.

1. The responsible entity submits for prior review to the officer

a) any legislative project related to data protection;

b) any project where the data protection impact assessment reveals that, despite the measures planned by the data controller, the intended processing still presents a high risk to the personality or fundamental rights of the data subject;

c) any project involving subcontracting abroad.

The officer may establish a list of processing operations that present high risks as defined in paragraph 1, letter b.

If the officer has objections concerning the intended processing, they propose appropriate measures to the data controller.

When the intended processing is likely to result in a high risk to the personality or fundamental rights of the data subject, the data controller shall carry out a data protection impact assessment in advance. If it plans to carry out several similar processing operations, it may establish a common impact assessment.

The existence of a high risk depends on the nature, scope, circumstances, and purpose of the processing. Such a risk exists, in particular, in the following cases

a) large-scale processing of sensitive data;

b) profiling;

c) systematic monitoring of large areas of the public domain.

The impact assessment contains a description of the intended processing, an assessment of the risks to the personality or fundamental rights of the data subject, as well as the measures envisaged to protect the personality and fundamental rights of the data subject.

The commissioner shall pronounce on the impact assessment and the envisaged security measures.

The data controller is exempt from its obligation to conduct an impact assessment if a legal basis provides for the processing and its adoption was preceded by an analysis meeting the requirements of paragraphs 1 to 4.

The data controller shall notify the processor without undue delay of any data security breaches likely to result in a high risk to the rights and freedoms of the individuals concerned.

The notification must at least specify the nature of the data security breach, its consequences, and the measures taken or envisaged to remedy the situation.

The processor shall notify the data controller without undue delay of any data security breaches.

Furthermore, the data controller shall inform the individual concerned whenever it is necessary for their protection or when required by the processor.

The data controller may restrict, defer, or waive the provision of information to the individual concerned in the following cases

a) a predominant private or public interest of a third party opposes it;

b) a legal obligation to maintain confidentiality prohibits it;

c) the obligation to inform is impossible to comply with or requires disproportionate effort;

d) informing the individual concerned can be equivalently ensured by public communication;

e) the communication of information is likely to jeopardize an investigation, instruction, or judicial or administrative procedure.

A notification based on this article may not be used in criminal proceedings against the person required to notify, except with their consent.

The data controller adequately informs the data subject of the data collection, whether or not it is conducted directly from them. During the collection, the data controller provides the data subject with the necessary information so they can exercise their rights under this law and to ensure the transparency of the processing; at a minimum, they provide

a) the identity and contact details of the data controller;

b) the purpose of the processing;

c) where applicable, the recipients or categories of recipients to whom the data is disclosed.

If the data is not collected from the data subject, they additionally communicate the categories of data being processed.

When data is transmitted abroad, they also inform the data subject of the name of the concerned state or international organization and, if applicable, the safeguards and exceptions stipulated by federal data protection legislation.

If the data is not collected from the data subject, the data controller provides the information mentioned in paragraphs 2 to 4 no later than one month after obtaining the data. If the data is communicated before the expiration of this period, they inform the data subject at the latest upon communication.

**The Data Controller is Exempt from the Duty to Inform Under Article 24 if One of the Following Conditions is Met:**

a) The data subject already possesses the corresponding information;

b) The data processing is provided for by law;

c) The data controller is a private person and is bound by a legal obligation of confidentiality.

**When Data is Not Collected from the Data Subject, the Duty to Inform Also Does Not Apply in the Following Cases:**

a) It is impossible to provide the information, or

b) Providing the information requires disproportionate efforts.

**The Data Controller May Restrict, Defer, or Waive the Communication of Information if One of the Following Conditions is Met:**

a) Overriding private or public interests of a third party require it;

b) The information prevents the processing from achieving its purpose;

c) The communication of information is likely to compromise an investigation, an inquiry, or a judicial or administrative procedure.

In the case of joint processing, the entities involved agree on the distribution of responsibilities and obligations arising from this agreement. The agreement made in accordance with paragraph 1 is not enforceable against the individual concerned, who may assert the rights arising from this agreement with any of the entities involved.

Data that the data controller no longer needs and that do not need to be retained as evidence or for security measures are processed in accordance with the relevant cantonal legislation on archives.

Entities are entitled to communicate data, either automatically or upon request, only if

a) a legal basis authorizes it or if the communication is necessary for the fulfillment of a legal task; in the case of sensitive data or profiling, the authorization or task must be based on a law in the formal sense;

b) the data subject has given their consent in the specific case or has made their data accessible to everyone and has not formally opposed the communication as per Article 36;

bbis) the data subject is unable to give consent, the data communication is in their interest, and their consent can be presumed in accordance with the rules of good faith;

c) the recipient demonstrates that the data subject only refuses to agree or opposes the communication in order to prevent legal claims from being asserted or other legitimate interests from being pursued; the data subject will be invited to express their views beforehand according to Article 30;

d) the data is contained in an official document for which access is requested under Chapter IV, and the communication is justified by an overriding public interest.

Entities are entitled to communicate, upon request, the name, first name, address, civil status, profession, gender and nationality, and the origin and destination of a person even if the conditions of paragraph 1 are not met, provided it is in the interest of the data subject or the recipient demonstrates an interest worthy of protection.

**The Communication of Data is Refused or Restricted When:**

a) An overriding public or private interest, in particular that of the concerned person, requires it;

b) A legal basis prohibits the communication.

When the reasons justifying the refusal or restriction are only temporary, communication must be granted as soon as these reasons cease to exist.

When communication must be refused, restricted, or deferred, it can nevertheless be granted provided with conditions that safeguard the interests to be protected.

The entity must indicate summarily and in writing the reasons for its position, as well as the possibility of appealing to the officer as defined in Article 40.

Data may only be communicated abroad if the conditions required by federal data protection legislation are met.

Entities must inform the data protection officer of the safeguards taken under this legislation before the communication of data.

If an entity regularly needs it to perform the legal duties incumbent upon it, the concerned executive may make the necessary data accessible online, after consulting the officer in charge.

The provision of data lists to private individuals is prohibited, except with authorization from the competent cantonal or communal executive.

Such authorization can only be granted if the applicant demonstrates a legitimate interest worthy of protection, commits to using the transmitted data for the ideal purpose for which they were requested, and agrees not to disclose them to third parties; furthermore, the provision of repetitive lists must serve a public interest.

The provision of sensitive data lists or high-risk profiles to private individuals, as well as their commercialization, is prohibited unless justified by a legal basis.

When the disclosure of data may infringe upon a predominant public or private interest, the entities or individuals concerned may exercise their right to be heard.

When the entity or individual concerned intends to disclose the data despite an objection, they must inform the objector, providing a brief written explanation of their position and the possibility to refer the matter to the official as per Article 40.

**Article 1: Right to Information Regarding Data Processing**

Any individual may inquire with the data controller whether data concerning them is being processed.

The concerned individual receives the necessary information to assert their rights under this convention and to ensure transparency of the processing. In any case, they receive the following information

a) the identity and contact details of the data controller;

b) the data being processed as such;

c) the purpose of the processing;

d) the data retention period or, if this is not possible, the criteria for determining this period;

e) the available information concerning the origin of the data, insofar as this data was not collected from the concerned individual;

f) if applicable, the existence of an automated individual decision and the logic on which the decision is based;

g) if applicable, the recipients or categories of recipients to whom the data has been disclosed, along with the information provided in article 24, paragraph 4.

The data controller who has data processed by a processor remains obliged to provide the requested information.

No one may waive their right of access in advance.

Subject to contrary special provisions, access to data includes on-site consultation and obtaining the data in writing.

The data controller may also communicate the data orally if the concerned person is satisfied with this method.

Access to data is refused or restricted when

a) an overriding public or private interest requires it;

b) a law in the formal sense provides for it.

When the information cannot be communicated directly to the person concerned because it would affect them too much or because additional explanations are necessary, the data controller transmits it to a third party mandated for this purpose who is trusted by the person concerned.

Anyone with a legitimate interest may request the data controller to

a) Refrain from conducting unlawful processing;

b) Eliminate the effects of unlawful processing;

c) Recognize the unlawful nature of the processing.

Any person with a legitimate interest may request the data controller to ensure that the data are, as soon as possible

a) rectified or completed;

b) destroyed or erased, if they are unnecessary, outdated, or contrary to law.

If the accuracy or inaccuracy of data cannot be proven, the data controller shall add a notice to the data indicating its contentious nature.

The data subject may request that the rectification, erasure, destruction of data, prohibition of processing, prohibition of communication to third parties, or the notice of contentious nature be communicated to third parties.

Instead of erasing or destroying the data, the data controller may limit the processing in the following cases

a) the accuracy of the data is contested by the data subject and their accuracy or inaccuracy cannot be established;

b) overriding interests of a third party require it;

c) an overriding public interest requires it;

d) the erasure or destruction of the data is likely to compromise an investigation, an inquiry, or an administrative or judicial proceeding.

The data subject who has a legitimate interest may object to the data controller disclosing certain data.

The objection may be dismissed if

a) the data controller is legally required to disclose the data, or if

b) an overriding public interest demands the disclosure, particularly when failing to disclose would jeopardize the performance of the tasks of the data controller.

Subject to serious and urgent cases, the data controller shall suspend the disclosure of data until the objection is resolved.

When the data controller intends not to act upon a request based on Articles 31 to 36, they shall inform the data subject in writing with brief reasons and indicate the possibility of referring the matter to the supervisor for conciliation.

Requests based on this convention are not subject to any form requirement.

If necessary, the entity may request that they be submitted in writing.

Requests are addressed to the data controller.

The entity processes requests with diligence and speed.

In case of a dispute regarding the application of this chapter, the data controller, an entity, or a concerned person may request the official to hold a conciliation session. To this end, they shall submit a written request with a brief statement of reasons, supported by documents.

During the session, the officer endeavors to bring the parties to an agreement.

If one of the parties does not appear, the conciliation is deemed to have failed; the costs may be charged to the defaulting party.

If the conciliation is successful, the agreement reached between the parties is recorded in the minutes.

The statements made during the session are confidential.

If conciliation fails or if the agreement as per Article 41, paragraph 3, is not executed, the controller, the entity, or the concerned person, as well as the representative, may submit the case for decision to the commission.

Before making a decision, the commission allows them to exercise their right to be heard.

The decision of the commission is subject to appeal before the Cantonal Court of the canton where the entity is based.

The procedure is governed by the legislation on administrative procedure and jurisdiction of the concerned canton.

The data controller, the entity or the concerned person, as well as the data protection officer, have the right to appeal.

For the remainder, the legislation on administrative procedure and jurisdiction of the canton where the entity is located shall apply.

The officer supervises the entities' application of the provisions of this convention regarding data protection.

To this end, he inspects the data processing facilities and procedures.

The officer acts on his own initiative, at the request of a concerned individual, the data controller, or an entity.

In the performance of his duties, the officer has full investigatory powers; official and professional secrecy cannot be invoked against him.

The entities and concerned individuals are obliged to cooperate.

If it appears that there is a violation or risk of violation of data protection requirements, the officer requests the data controller to remedy it. If necessary, they take provisional measures to protect the individuals concerned.

If no action is taken in response to this request, they issue a recommendation to the data controller and inform the entity to which the latter reports.

If this recommendation is rejected or not followed, the officer may refer the matter for a decision to the commission.

The officer, the data controller, and the concerned entity have the right to challenge the commission's decision.

Furthermore, the legislation on the procedure and administrative jurisdiction of the canton where the entity is based applies.

Entities may install a video surveillance system under the following conditions

a) the installation is the most appropriate means to achieve the intended purpose; and

b) it is expressly provided for in a legal basis.

The entity planning to install a video surveillance system must first consult the data protection officer.

The legal basis for video surveillance contains at least

a) the responsible entity;

b) the pursued purpose;

c) the data retention period;

d) the organizational and technical measures ensuring the integrity, availability, and confidentiality of the data;

e) the authority with which the concerned person can assert their rights as per section VI;

f) the circle of individuals authorized to access the data.

The retention period for data is, in principle, 96 hours.

If the purpose of the installation necessitates it, the retention period may be longer, but no more than four months.

The existence of the installation must be made visible, indicating the legal basis on which it is founded, as well as the responsible entity.

Entities are entitled to process data for research, planning, and statistical purposes, regardless of the purpose for which the data was collected, under the following conditions

a) the recipient only communicates data to third parties with the consent of the entity that transmitted it to them;

b) the results are published in a form that does not permit the identification of the individuals concerned.

If necessary, and to the extent that the purpose of the processing allows, the data is anonymized.

Data processing may be entrusted to a subcontractor provided that a contract or law provides for it and the following conditions are met

a) only processing that the data controller would be entitled to perform himself is carried out;

b) no legal or contractual obligation to maintain confidentiality prohibits it;

c) the security of the data is ensured;

d) data is processed only in Switzerland, except if processing is possible only at a disproportionate cost or can only be performed abroad.

The data controller remains responsible for data protection; he ensures in particular that the subcontractor complies with this agreement and does not perform any processing other than that entrusted. The data controller must specifically ensure that the subcontractor is able to guarantee the security of the data.

2bis The subcontractor may not in turn entrust processing to a third party without the prior authorization of the data controller.

The subcontractor is subject to the same controls as the data controller.

Subject to special provisions of federal or cantonal law, anyone who intentionally and unlawfully discloses sensitive data or high-risk profiles, which they have become aware of in the course of their work for an entity or during their training, shall be liable to a fine.

The disclosure remains punishable even after the activity for the entity or the training has ended.

Entities are liable for any damage caused by unlawful data processing to a data subject or a third party.

1bis In the case of joint processing, the entities are jointly and severally liable for the damage.

For the remainder, the legal provisions relating to liability applicable to each canton apply.

In the event of damage caused by the officer or the commission, the cantons are jointly liable according to the allocation key of Article 11. The recourse action and its modalities are governed by the law of the canton where the seat is located.

**Entities Communicate Regularly and Spontaneously**

Entities regularly and spontaneously communicate information about their activities and projects, unless a prevailing public or private interest opposes it.

They provide information in an accurate, complete, clear, and timely manner.

They ensure the dissemination through appropriate channels considering the importance of the information.

Information regarding a decision made behind closed doors is communicated in an adequate manner that respects the interests justifying the closed session.

Entities generally inform through media outlets, which they consider as privileged partners. They take into account, as much as possible, the needs and constraints of different media outlets.

According to the means at their disposal, entities make available to the public, through modern information and communication technologies, the information they have provided to the media and other documents deemed important.

**1. Items on the Agenda of Cantonal Legislatures**

Items scheduled for discussion in cantonal legislatures, along with the dates, times, and locations of sessions, are made known to the public. Documents intended for plenary deliberations are made public when they are distributed to parliamentarians. The debates of the legislature are promptly recorded in writing and made accessible to the public. Exceptions are made in cases where overriding public or private interests oppose dissemination.

**Cantonal Executives Provide Regular and Continuous Information**

Cantonal executives regularly and continuously provide information on the matters they handle, the decisions they make, the significant work of their administration, as well as on intentions and projects likely to interest the public.

They make public the documents essential for understanding their decisions unless an overriding public or private interest opposes it.

They regulate the modalities of information pertaining to the activities of the administration and cantonal commissions.

Judicial authorities inform the public about their jurisdictional and administrative activities that may be of interest.

The Cantonal Court of each canton may issue regulations regarding the modalities of providing information.

Judicial authorities provide information on ongoing procedures to the extent required by public interest, particularly

a) when public cooperation is necessary to solve a crime or an offense;

b) due to the particular seriousness, nature, or notoriety of a case;

c) when it is necessary to prevent or correct erroneous information likely to alarm the public;

d) when a warning or protection of the public is required.

When informing, judicial authorities ensure the respect of the legitimate interests of the parties or third parties, as well as the presumption of innocence, and take into account the interests of the investigation.

Specific procedural rules are reserved.

Within the limits of this convention and the regulation pursuant to Article 62, paragraph 2, the schedule of public court hearings is accessible to journalists who have made a request.

**Article [Number] - Municipal Councils' Duty to Inform the Public**

Municipal councils inform the public according to the principles outlined in Article 61. The dates, times, and locations of municipal legislative sessions, their agendas, and reports intended for their members are made public. These documents are sent to the media upon request. Information is primarily intended for the population of the municipality.

The sessions of the cantonal and communal legislatures are public.

Exceptions provided by cantonal law are reserved.

The hearings and pronouncements of judgments by judicial authorities are public, subject to the exceptions provided by procedural provisions.

Sessions of other entities are not public, unless they decide otherwise.

**During public sessions, photography and sound recording, or their transmission, are permitted provided that they do not disrupt the proceedings and do not infringe upon a prevailing public or private interest.**

For hearings and the pronouncement of judgments by judicial authorities, photography and sound recording, or their transmission, are only permitted under the conditions set by the Cantonal Court of each canton.

Article: Right of Access to Official Documents

Every person has the right to access official documents to the extent provided by this convention.

Access to official documents related to ongoing civil, criminal, contentious administrative procedures, and arbitrations is governed by procedural provisions.

Minutes of meetings that are not public are not accessible.

Special provisions of cantonal laws that declare certain information confidential or that make them accessible under conditions that deviate from this convention are reserved.

**Official Documents**

All information held by an entity relating to the accomplishment of a public task, regardless of its medium, is considered an official document.

Official documents specifically include reports, studies, approved minutes, statistics, registers, correspondence, directives, positions taken, notices, and decisions.

Documents that have not reached their final stage of development, are intended for personal use, are subject to commercialization, or serve as decision-making aids, such as internal notes, are not considered official documents.

1. In principle, access to official documents includes on-site consultation and, if applicable, obtaining copies.

The entity may also provide oral information about the content of an official document if the applicant is satisfied with this.

The use of copies of obtained official documents is subject to federal legislation relating to intellectual property.

**Access to an Official Document is Denied When Overriding Public or Private Interest Requires It**

An overriding public interest is notably recognized when access to the document may

a) endanger the security of the State or public safety;

b) compromise the foreign policy of the authority;

c) hinder the execution of specific measures by an entity;

d) weaken an entity's negotiating position;

e) influence an entity's decision-making process.

An overriding private interest is notably recognized when

a) the official document contains personal data, and its disclosure is not permitted under applicable data protection laws, unless disclosure is justified by an overriding public interest;

b) access reveals professional, manufacturing, or business secrets;

c) access reveals information freely provided by a third party to an entity that has guaranteed confidentiality.

Access to an official document may be denied if it requires manifestly disproportionate work by the entity.

When only certain parts of an official document are inaccessible within the meaning of Article 72, access must be granted to the remaining parts, unless the document is thereby reduced to the point of distorting its meaning or scope.

When access to an official document must be refused, restricted, or deferred, it can nevertheless be granted under conditions that safeguard the interests protected under the meaning of Article 72.

The request for access does not need to be substantiated and is not subject to any formal requirement; however, the authority may request that it be submitted in writing. The request must contain sufficient details to allow the identification of the requested official document.

The request is addressed to the entity that issued the official document. If that entity is not subject to the present convention, the request is addressed to the entity that is the primary recipient of the official document.

The entity processes the request with diligence and speed.

When access to an official document may harm an overriding public or private interest according to Article 72, Articles 30 and 36 shall apply by analogy.

When the entity intends to refuse, restrict, defer, or attach conditions to the communication of an official document, it informs the concerned person in writing, providing brief reasons, and indicates the possibility of contacting the officer for conciliation.

Moreover, Articles 40 to 44 apply by analogy.

In the performance of his duties, the appointee has the right to consult all official documents.

Professional secrecy and duty of confidentiality cannot be invoked against him.

Entities shall ensure that the classification of official documents facilitates access to them.

Any archived official document remains accessible when the requester could have accessed it before its archiving, pursuant to the principles enshrined in this convention.

For the remainder, cantonal provisions regarding access to archives are reserved.

The exercise of the rights prescribed by this convention is free of charge.

However, a fee and expenses may be charged when

a) a person acts with recklessness or carelessness, or otherwise abuses their rights;

b) the applicant has already obtained the same information within the last twelve months and cannot demonstrate a compelling interest;

c) processing the request requires substantial work or incurs significant expenses;

d) a list is communicated (art. 29).

In terms of transparency, expenses may also be charged, particularly for obtaining copies.

**Regarding Data Protection**

In matters of data protection, the official or the commission may charge the responsible entity for their intervention at cost price when it has led to disproportionate activity due to the entity's negligence or refusal to cooperate.

Where possible, the entity shall have been previously warned and given a sufficient period to remedy the identified shortcomings.

The commission and the official issue a decision that is subject to appeal.

The cantonal executives jointly establish the fee schedule for the emoluments collected by the official and the commission pursuant to this chapter. For the remaining matters, the legislation of each canton concerning emoluments is reserved.

Pending cases before the authorities of Jura and Neuchâtel concerning data protection and transparency are transferred for processing to the bodies provided for by this convention upon its entry into force.

The cantonal executives shall regulate matters of organization and the modalities of the implementation of this convention by means of jointly adopted regulations.

This agreement is concluded for an indefinite term.

It may be terminated at the end of a calendar year with three years' notice.

This convention is brought to the attention of the Confederation.

The cantonal executives shall jointly determine the date of its entry into force.