Rules of Procedure of the Government Council regarding the Information and Data Protection Act

1. This Regulation governs the publication of decisions of the Governing Council that fall within the scope of the IDG.

2. It also governs public access to these decisions and the associated reports, and specifies which measures are to be taken regarding information security and the archiving of decisions of the Governing Council and the associated reports.

1. The classification of resolutions by the Executive Council and the associated reports is governed by the provisions of the Ordinance on Information and Data Protection (Information and Data Protection Ordinance, IDV) of August 9, 2011.

2. The same classification category applies to both the resolutions and the associated reports.

1. Upon request by the departments or the State Chancellery, the governing council classifies its decisions and the associated reports.

2. If a matter falls under the jurisdiction of multiple departments, the lead department submits the classification request.

3. The classification category requested must be noted by the departments and the State Chancellery on the draft resolutions and the associated reports.

1. Any potential time limitation on the classification of a resolution and the associated reports in accordance with § 21 of the IDV is determined by the Government Council.

2. The Government Council may also modify or revoke a classification.

1. The classification is noted by the State Chancellery based on the decisions of the Government Council and the associated reports.

2. The issuance of decisions classified as secret, along with the associated reports, must be recorded in a protocol.

1. As a rule, non-classified resolutions of the Executive Council are published on the Internet with a justification. Interim decisions and procedural orders are not published, in particular.

2. Additionally, decrees adopted by the Executive Council, as well as written statements and responses, reports, and recommendations submitted to the Great Council, are published on the Internet.

3. The Executive Council may decide to publish an Executive Council resolution classified as confidential on the Internet if

a) there is a general interest in its publication,

b) all protectable information can be removed from the resolution, and

c) the essential informational content of the resolution is preserved.

4. Classified resolutions are generally published on the Internet without justification.

1. The State Chancellery is responsible for online publication in accordance with § 6.

2. The departments and the State Chancellery are responsible for preparing decisions from their respective areas of responsibility and their justifications for online publication. They provide the State Chancellery with the documents to be published in electronic form.

1. Official publication remains reserved as long as it is provided for by law.

1. If a request for access to classified government council decisions is made based on § 25 IDG, the State Chancellery must examine in the specific case whether access should be wholly or partially refused or postponed under § 29 IDG.

2. The State Chancellery decides on access to decisions of the government council classified as secret based on the statement of the responsible or leading department.

1. There is no right of access to the draft resolutions and reports prepared by the departments and the state chancellery for decision-making by the government council.

1. The State Chancellery stores the resolutions of the Government Council and the associated reports in the designated electronic systems.

2. It issues directives concerning the organizational and technical measures necessary to protect confidential and secret information. In doing so, it specifically takes into account § 8 IDG.

1. The State Chancellery maintains a preliminary archive of the decisions of the Government Council in paper form.

2. The permanent preservation of the decisions of the Government Council and the associated reports is governed by the Law on Archives (Archives Act) of September 11, 1996.

1. The present Rules of Procedure apply to resolutions of the Government Council that are passed after January 1, 2012.

1. This procedural regulation is to be published; it shall become effective simultaneously with the Law on Information and Data Protection dated June 9, 2010.