Implementing Regulation of the Act on Public Information, Data Protection and Archiving (RELIPDA) - Purpose (ARGIDA)

1. This regulation determines the modalities of public information, access to general and specific information, access to official documents, the processing of personal data by authorities, and the archiving of official documents.

2. The modalities of this regulation can be specified through directives.

1. Subject to specific provisions, the present regulation applies to all authorities defined in Article 3, Paragraph 1 of GIDA.

1. The authorities generally provide information about their activities and policies during periodic meetings with media representatives.

1. In general, the decisions of the authorities that are of public interest are the subject of regular information provided through appropriate channels, taking into account their respective importance.

1. If deemed necessary, the authorities provide targeted information through a media release or a press conference or briefing, to which journalists are invited.

1. General information about the activities of authorities may be the subject of a request to the competent authority, which is not subject to any formal requirements.

2. An informal request is inadmissible if handling the request entails special effort.

3. If the informal request is inadmissible, the applicant will be verbally informed about the necessity of a written request and any potential costs.

1. Specific Information Regarding Authority Operations Requires a Written Request to the Competent Authority, Specifically to the Person Responsible for Providing the Information.

2. The Request Must Be Precisely Formulated.

3. If It Is Not Possible for the Authority to Determine, Without Disproportionate Effort, Which Information Is Being Requested, It May Require the Applicant to Clarify.

4. If the Applicant Does Not Submit the Necessary Additional Clarification to Identify the Required Information within a Period of Ten Days, the Request Becomes Null and Void.

1. The authority to which the application is submitted shall address it within a period of 10 working days from its receipt, provided that no other authority is competent for the matter.

2. If the application clearly concerns information that is in the possession of another authority, the application shall be forwarded to said authority for processing.

3. If the application concerns information that is held by multiple authorities, these authorities shall agree on the procedure for processing and reviewing the application.

1. Oral requests shall be answered orally or by electronic means, provided the content of the information allows for it.

2. Access to information requested in writing shall be provided either by inspection at the competent authority or by provision of copies.

3. Access by electronic means may be granted if the requested information does not contain personal data or if the personal data can be adequately protected.

1. Examination takes place at the authority responsible for the handling of the application.

2. The authority may limit itself to making copies, especially if information needs to be anonymized.

3. The authority may verify the identity of the applicant when accessing its premises.

4. The authority ensures adequate security of the information during the examination.

1. The authority transmits the information in its original form. It is not obliged to have the information translated or to modify it in any other way.

2. If access to the information can only be partially granted, the parts of the document that are subject to restriction may be covered or removed. If this is not reasonably possible, a summary of the information may be provided.

1. The authority may require the applicant to provide written evidence of their interest, particularly if the processing of the application significantly hinders the performance of its other duties.

2. If the evidence is provided, the authority may appropriately extend the prescribed period for granting access to the information.

1. Only official documents may be accessed. The document shall be considered in its final version when it has been signed by the authority from which it originates, or when it has been definitively handed over to its recipient by its author.

2. A document is intended for personal use if, although it concerns the fulfillment of a public duty, it is exclusively used by its author or a restricted circle of persons as an aid (notes, reports, expert opinions, etc.).

1. If the official documents are accessible on the Internet or are the subject of an official publication, the authority may limit itself to providing the applicant with the necessary access information.

1. An evidently disproportionate effort exists when the authority, with its ordinary personnel resources and infrastructure, is unable to comply with the information request without significantly neglecting its other duties.

1. Requests for access to documents held in the archive shall be processed by the respective archive. If the request concerns documents that are subject to a protection period, the archive shall obtain a decision from the competent authority (author of the document) in advance.

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1. The provisions in this section govern the collection of fees by the cantonal authorities.

2. Special fee regulations remain reserved.

1. If copies are made or access to a document involves substantial effort, the authority shall inform the applicant without delay of any potential fees.

1. Greater effort is involved when the processing of the access request takes more than half an hour.

1. The renewal of a request regarding an official document is considered abusive if the document has already been made available to the applicant within the last twelve months prior to the submission of the request and the content of the document has not undergone any changes since then.

1. A fee of one franc per page is charged for the creation of copies or the printing of official documents on paper.

2. If the documents are not collected on site, the actual shipping costs may be charged.

1. If the processing of the access request involves greater effort, a reasonable cost participation may be required in addition to the fee stipulated in Article 22, corresponding to an hourly rate of 60 Swiss Francs.

1. In the case of an abusive renewal of an application, a cost contribution of at least 20 francs per service may be required.

2. If the processing of the application takes more than a quarter of an hour, an hourly rate of 60 francs also applies.

1. Any person requesting information from the data controller regarding whether data about them is being processed must provide proof of their identity.

2. The request for information and the provision of information may be carried out electronically if the data controller expressly allows it and takes appropriate measures to

a) ensure the identification of the person concerned; and

b) protect the personal data of the person concerned from unauthorized third-party access when providing the information.

3. The information provided includes

a) the information concerning the applicant available in the authority's databases;

b) the legal basis and the purpose pursued with the data processing, the authorities involved in the data processing, as well as the regular recipients of the information.

4. In agreement with the data controller or at their suggestion, the person concerned can also inspect their data on-site. Information may also be provided orally if the person concerned has consented and has been identified.

5. Information shall be provided within 30 days of receiving the request for information. This also applies to the justified decision on the restriction of the right to information. If the information cannot be provided within 30 days, the data controller must inform the applicant and notify them of the period within which the information will be provided.

6. If data is jointly managed by multiple data controllers, the right to information may be asserted with any data controller. If the data controller is not authorized to provide information, they shall forward the request to the competent person.

7. If the request for information concerns data processed by a third party on behalf of the data controller, the data controller shall forward the request to the third party for completion, unless the controller is able to provide the information themselves.

8. If information about deceased persons is requested, it shall be provided if the applicant demonstrates an interest in the information and if there are no overriding interests of the relatives of the deceased person or third parties. Close kinship and marriage to the deceased person establish an interest.

1. The Data Controller shall inform the Data Recipient of the accuracy and reliability of the disclosed data, unless such information is evident from the data itself or the circumstances.

**1. Data Processing Operations Exclusive to Administrative Functions Not Affecting Third Parties and Posing No Risk to Individuals' Rights Are Not Subject to Registration**

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**2. Authorities Are Not Obliged to Register Data Processing Operations Conducted Occasionally or Posing No Risk to Individuals' Rights**

**1. The Data Controller shall implement the technical and organizational measures that are appropriate to achieve, in particular, the following objectives:**

a) * Raise awareness among users about the risks to freedoms and privacy;

b) * Authenticate users prior to any access to data and processing means;

c) * Restrict access to the data necessary for the user;

d) * Provide for logging to record access and manage incidents;

e) * Ensure the security of workstations, including mobile equipment, internal networks, servers, and websites;

f) * Perform regular backups and ensure business continuity by guaranteeing the restoration of installed systems in the event of an interruption;

g) * Archive data securely;

h) * Limit access to data during maintenance operations and ensure proper destruction of data;

i) * Verify subcontractors' compliance with security regulations, if necessary through audits;

j) * Ensure the reliability, integrity, and authenticity of the data;

k) * Encrypt or pseudonymize data whenever possible;

l) * Regularly verify, analyze, and evaluate the effectiveness of the measures taken.

**2. The data must be organized in such a way that the data subjects can exercise their right of access and their right to rectification.**

**1. The Controller of Data Processing logs the automated processing of particularly sensitive personal data or profiling data when preventive measures cannot adequately guarantee data protection. Logging is especially required when it is not otherwise possible to subsequently determine whether the data were processed for the purposes for which they were collected or disclosed. The Commissioner may also recommend logging for other types of processing.**

**2. The logs are to be retained in a manner suitable for audit for a period of one year. They are accessible exclusively to supervisory authorities responsible for overseeing data protection regulations and may only be used for this purpose.**

1. The Commission is composed of

a) a President;

b) a Vice President;

c) 3 other members.

1. The Commission decides as an independent judicial authority over all cases concerning unsuccessful mediations or the non-compliance with the agreements reached within the framework of a mediation, with which it is entrusted.

2. It possesses comprehensive review authority both in factual and legal respects.

3. It orders all necessary investigatory measures ex officio during the instruction procedure.

4. It may appoint an external expert.

5. The procedure is further regulated by the Administrative Procedure and Administrative Justice Act (VVRG).

1. The State Archive is the authoritative instance for all questions concerning the management of documents and archives of the authorities, regardless of their type or information medium.

2. It coordinates the practices concerning the management of documents and archives of the authorities.

3. It issues directives for the management of documents and archives of the cantonal authorities, particularly in the form of guidance for document management, and provides related training.

4. It drafts recommendations for the management of documents and archives of other authorities.

1. Based on the recommendations of the State Archive, the resident and civic authorities organize efficient document management and archiving.

2. The resident and civic authorities may transfer the management and storage of their archives older than 50 years to the State Archive in the form of a deposit.

3. The deposit of municipal archives is the subject of a deposit agreement, which is concluded for a minimum duration of 30 years and can be extended.

4. The deposit of municipal archives is free of charge for documents on a physical medium. However, the State Archive may charge fees for the management of electronic data and documents.

5. The State Archive is responsible for the safekeeping and mediation of the municipal archives entrusted to it. The development of the archives remains the responsibility of the resident and civic municipalities, to whom the Wallis State Archive provides advisory and support services.

1. This Regulation Replaces

a) the Implementing Regulation to the Law on the Protection of Personal Data dated February 26, 1986.

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1. This regulation shall be published in the Official Gazette to come into force simultaneously with the law.