1. État, peuple, Authorities » 17. Authorities » 170. General Provisions (CPDT-JUNI)
Table of Provisions (8)
Statutory Text (8 Articles)
The present order sets forth the fees and expenses that may be collected by the Data Protection and Transparency Officer (hereinafter: "the officer") as well as by the Data Protection and Transparency Commission (hereinafter: "the commission") in the following cases, as provided for in Article 41, paragraph 2, and Chapter V CPDT-JUNE
a) an individual acts recklessly or frivolously, or otherwise abuses their rights (Art. 41, para. 2, and Art. 81, para. 2, letter a, CPDT-JUNE);
b) the applicant has already obtained the same information within the last twelve months and cannot invoke a compelling interest (Art. 81, para. 2, letter b, CPDT-JUNE);
c) the processing of the request requires substantial work or incurs significant expenses (Art. 81, para. 2, letter c, CPDT-JUNE);
d) the intervention costs are charged to the responsible entity due to its conduct (Art. 82 CPDT-JUNE).
When the present decree allows for discretion, the appointee and the commission shall determine the fee based on their contribution, the significance of the matter, and its complexities.
When a person acts with recklessness or carelessness, or otherwise abuses their rights, the officer and the commission may impose a fee on them ranging from 100 to 1,000 francs.
When the applicant has already obtained the same information within the last twelve months and cannot claim a pressing interest, the officer and the commission may impose a fee of 100 to 1,000 francs on them.
When the processing of a request requires a significant amount of work, the agent and the commission may charge a fee ranging from 100 to 2,000 francs.
The agent and the commission also collect the expenses they incur.
1 When the officer or the commission invoices for their intervention at cost price (Art. 82 CPDT-JUNE), they base it on an hourly rate that takes into account all of their expenses, particularly infrastructure costs (administration, IT, premises).
2 The officer and the commission also collect the expenses they incur.
This order comes into effect on April 1, 2014.