170.4 IDGLIPD

CH-ZH

Art. 3: Act on Information and Data Protection (IDG)

Open official source Full Act (50 Articles) Machine-readable Markdown (.md)

Art. 3

28

1 Public bodies are

a. the Cantonal Council, the municipal parliaments, and the municipal assemblies;

b. authorities and administrative units of the canton and the municipalities;

c. organisations and individuals governed by public and private law, insofar as they are entrusted with the performance of public tasks.

2 Information comprises all records relating to the performance of a public task, regardless of their form of presentation and their data carrier. Excluded are records that are not finalised or that are exclusively intended for personal use.

3 Personal data is information relating to an identified or identifiable person.

4 Special categories of personal data are

a. information where, due to its significance, the nature of its processing, or the possibility of its linkage with other information, there is a particular risk of a violation of personality rights, such as information about

1. religious, philosophical, political, or trade union views or activities,

2. health, the intimate sphere, ethnic origin, as well as genetic and biometric data,

3. measures of social assistance,

4. administrative or criminal prosecutions or sanctions.

b. compilations of information that permit an assessment of significant aspects of the personality of natural persons.

Act on Information and Data Protection (IDG)

170.4

c. automated evaluations of information to analyse significant personal characteristics or to predict personal developments (profiling).

5 Processing means any handling of information, such as procuring, storing, using, modifying, disclosing, or destroying.

6 Disclosure means making information accessible, such as granting access, transmitting, or publishing.

II. Principles for Handling Information

1. In General

← Art. 2c Law on Information and Data Protection (LIDP) Art. 4 →

Court Decisions Applying This Provision (32)

VB.2023.00558 · zh (Art. 3 Abs. 2 IDG)

Journalist Access to Employee WhatsApp Messages

Defines what constitutes information under the scope of the information access law.

VB.2022.00296 · zh (Art. 3 Abs. V IDG)

Resident Register Data Sharing and Parental Information Access Denied

Cited in relation to data processing and the definition of data disclosure.

VB.2022.00296 · zh (Art. 3 Abs. VI IDG)

Resident Register Data Sharing and Parental Information Access Denied

Cited in relation to the definition of data processing.

NG230012 · zh (§ 3 Abs. 1 IDG)

Landlord's Unilateral Lease Modifications Deemed Abusive and Invalid

Cited to define which public bodies are subject to the cantonal data protection law.

NG230012 · zh (§ 3 Abs. 3 IDG)

Landlord's Unilateral Lease Modifications Deemed Abusive and Invalid

Cited for the definition of 'general data'.

NG230012 · zh (§ 3 Abs. 4 IDG)

Landlord's Unilateral Lease Modifications Deemed Abusive and Invalid

Cited in the context of 'special data' which may require stricter processing conditions.

VB.2022.00142 · zh (Art. 3 Abs. II IDG)

Access to Recorded Information vs. Public Knowledge

Defines what constitutes information under the Act, excluding mere knowledge not recorded on a data carrier.

VB.2021.00858 · zh (Art. 3 Abs. II IDG)

Information Access Claim on Unrecorded Knowledge and Duty to Maintain Records

The definition of information according to the Information and Data Protection Act was central to the court's reasoning regarding the scope of the claim.

VB.2021.00338 · zh (Art. 3 Abs. I lit. c IDG)

Journalist Access to Hospital Investigation Report Upheld

This provision was cited to determine the applicability of the Information Disclosure Act (IDG) to the case.

VB.2020.00340 · zh (Art. 3 Abs. 1 lit. b IDG)

Dispute Over Accuracy of Data and Request for Deletion

This provision is cited as a general legal basis alongside Art. 2 IDG, in the context of the court's assessment, although Art. 21 was the main basis for the final order.

AEG.2018.00001 · zh (Art. 3 IDG)

Information Access Denial Due to Personal Data Protection Concerns

Cited in the context of the applicable law for access to information.

VB.2017.00758 · zh (Art. 3 IDG)

Access to Labor Market Control Results and Professional Secrecy

This provision appears to be the procedural basis governing the Information Access Law, relevant to the decision on the information request.

VB.2016.00597 · zh (Art. 3 Abs. 2 IDG)

Federal Office of Transport v. Access to S-Bahn 2G Route Graphic

The court determined that the exception to the statutory scope of application based on this article did not apply.

VB.2016.00597 · zh (§ 3 Abs. 2 IDG)

Federal Office of Transport v. Access to S-Bahn 2G Route Graphic

The court found that the exception regarding draft documents did not apply to the network graphic.

VB.2017.00416 · zh (Art. 3 Abs. III IDG)

Right to Access Building Permit Files vs. Private Interests

Cited in the reasoning concerning the general accessibility of information held by public bodies.