Freedom of Information Act (OeffG) - Purpose and Scope a) Principle (OeffG)

1. This decree promotes transparency concerning the mandate, organization, and activities of public authorities. To this end, it regulates the communication of information to the public by public authorities and ensures access to official documents.

2. Public authorities include organs, authorities, and offices

a) of the canton;

b) of the independent public-law institutions of the canton;

c) of the municipalities;

d) of the independent public-law municipal enterprises;

e) of municipal associations and special-purpose associations.

3. Private entities are equated with public authorities when they perform state functions.

1. Cantonal Council and Municipal Parliament regulate in their rules of procedure the public's information about their activities and access to official documents for themselves and their bodies.

2. This decree applies accordingly, insofar as the rules of procedure contain no regulation.

1. Pursuant to the present decree

a) For the Cantonal Council and its bodies: the Head of Parliamentary Services;

b) For the Municipal Parliament and its bodies: the entity designated in the rules of procedure;

c) For the Government: the State Chancellery;

d) In all other cases, the public body according to the signing authority specified in law, regulation, or organizational provisions.

1. This decree shall not apply in civil, criminal, and administrative legal proceedings, including conciliation, arbitration, and legal assistance procedures.

2. Access to personal data pursuant to Article 1 letter a of the Data Protection Act of January 20, 2009, is governed by that Act.

3. The publication of and access to statistical data and information is governed by the Statistics Act of November 16, 2010.

4. This decree does not confer any right to access non-public proceedings of public authorities.

1. Specific provisions of cantonal laws remain reserved, which

a) prescribe the confidentiality of certain transactions, documents, or facts;

b) regulate access to certain transactions, documents, or facts.

2. Equivalent to cantonal laws are legislative decrees of municipalities within the meaning of Art. 3 para. 1 of the Municipal Law of April 21, 2009[7].

1. The public authority shall, on its own initiative, provide information about its activities, insofar as they are of general interest.

2. It shall ensure that all persons have access to the information.

1. Every person has the right, without the need to demonstrate a special interest, in accordance with this decree to

a) Information about the activities of public authorities;

b) Access to official documents.

1. The public authority shall inform and grant access to official documents unless there are overriding public or legitimate private interests against it.

2. A public interest notably opposes access when the information

a) could endanger public order and safety;

b) could weaken the position of the public authority in negotiations;

c) could impair relations with other communities;

d) could thwart or diminish the effectiveness of official measures;

e) would cause a disproportionate effort.

3. A legitimate private interest notably opposes access when the information is likely to

a) infringe on the personal rights of third parties;

b) violate intellectual property rights;

c) breach a professional, business, or manufacturing secret.

1. Exemptions from the Right of Access to Information are applicable to information and documents

a) concerning the substantive processing of pending matters;

b) regarding non-public negotiations, in particular meeting documents and records;

c) to the extent that the community participates in economic competition and does not act in a sovereign capacity.

2. ...

1. The public authority provides information about its activities upon request. It provides this information orally, electronically, or in writing.

1. If the public authority refuses to grant the information, it shall inform the requesting person with a brief explanation.

2. The communication shall be in writing if the requesting person submitted the request for information in writing. The public authority shall inform the requesting person of the right to request a formal decision.

3. The requesting person may submit the request in writing after the public authority has denied the information orally or electronically.

1. The requesting person may request the issuance of an order within 14 days after receiving the written notification from the public authority.

2. If the deadline passes without action, the same request cannot be submitted again.

3. Legal protection is governed by the Act on Administrative Jurisdiction of May 16, 1965.

1. The public authority shall grant access to official documents upon request. It may

a) provide on-site inspection of an official document;

b) provide information on the content of an official document;

c) hand over or deliver an official document or a copy thereof. The legislation regarding copyright remains reserved.

2. If the official document is published in an official publication organ, in the official or business report, or electronically, access is deemed to have been granted.

3. Access to archived documents is governed by the Act on Record Management and Archiving of April 19, 2011.

1. An official document is defined as any record that

a) is contained on any data carrier;

b) is in the possession of a public authority, originates from such an authority, or has been communicated to such an authority;

c) pertains to the fulfillment of a government function;

d) is not intended solely for personal use.

1. Anyone who wishes to access an official document must submit a written request to the public body that holds the official document.

2. Electronic submissions as defined in Art. 11bis of the Administrative Procedure Act of May 16, 1965, are considered equivalent to written submissions.

3. The request must include

a) The name and first name, as well as the residential address, of the applicant;

b) The designation of the official document;

c) The requested manner of access to the information and, if a copy of the official document is requested, the delivery address if it differs from the residential address.

1. If the public authority considers granting access to official documents, it shall consult affected third parties if they could invoke a legitimate private interest against granting access to the information.

2. It grants the affected third parties a period of 14 days to submit their comments.

3. The public authority informs the applicant of the conduct of the consultation.

1. The public authority to which a request for access to an official document, which is in the possession of multiple public authorities, has been submitted, shall consult the other public authorities, insofar as they are known, and grant them a period of 14 days to provide their comments.

2. If a public authority asserts that public or legitimately protected private interests oppose access to the official document, it shall inform the authority processing the request.

1. The public authority generally informs the applicant and, if a hearing has taken place, the person or public authority heard, in writing within 30 days whether and in what manner the application will be granted.

2. If the public authority denies a request from the applicant or the person heard, it briefly states its reasons and informs them of the right to request a formal decision.

1. The applicant and the person heard can request the issuance of a decision within 14 days after receiving the opinion.

2. If the applicant lets the deadline pass without action, they cannot submit the same application again.

1. Legal protection is governed by the Law on Administrative Justice of May 16, 1965.

2. The appellate authority has access to the official document that is the subject of the request.

1. Fees may be charged for the procedure pursuant to Art. 11 para. 1 and Art. 16 of this Decree.

2. Fees are charged for rulings as well as appeal and complaint decisions pursuant to Art. 10, 17, and 18 of this Decree.

3. The levying of fees is governed by the Administrative Procedure Act of May 16, 1965.