1 State - People - Authorities - 15 Authorities - 150 General Provisions - CHAPTER ONE Generalities (CPDT-JUNE)

1. The purpose of this convention is to establish common legislation and institutions for the Cantons of Jura and Neuchâtel (hereinafter: "the cantons") in the areas of data protection and transparency.

2. It aims to protect the personality and fundamental rights of individuals who are subject to the processing of personal data.

3. It also aims to allow for the independent formation of opinions, to promote citizen participation in public life, and to ensure the transparency of the authorities' activities.

[2] 1 This convention applies to the following entities (hereinafter: the entities)

a) the cantonal legislative, executive, administrative, and judicial authorities, and their subordinate bodies;

b) municipalities and their subordinate bodies;

c) cantonal and municipal public law corporations and establishments;

d) natural and legal persons and groups of private law persons who perform tasks of public interest or delegated by an entity as per letters a to c;

e) institutions, establishments, or companies of private or cantonal public law in which one or more entities as per letters a to c together hold at least a majority stake, to the extent that they perform tasks of public interest.

[3] 1 This convention regulates the data processing concerning natural and legal persons conducted by entities.

2. If necessary and within the framework of the principles of this convention, the cantons may adopt special laws that derogate from it, with such laws then applying as supplementary law.

3. In terms of transparency, this convention establishes the common applicable principles. The information policy and its modalities are left to the discretion of the cantons.

1. Responsible for ensuring the implementation of this convention are

a) the Data Protection and Transparency Officer (hereinafter referred to as "the Officer");

b) the Data Protection and Transparency Commission (hereinafter referred to as "the Commission").

2. These bodies perform their duties autonomously and for this purpose have the necessary resources, including their own budget.

3. The Officer and members of the Commission are bound by official secrecy. They may be released from this obligation by the respective cantonal executive when a prevailing private or public interest requires it; when both cantons are affected, the Officer and the Commission may jointly be released from secrecy by the Jura Government and the Neuchâtel State Council (hereinafter referred to as "the cantonal executives").

[4] 1 The appointee, as well as the president and the members of the commission, are jointly appointed by the cantonal executives.

1bis They must possess the qualifications or experience, particularly in the field of personal data protection, necessary for the exercise of their function and powers.

2. They carry out their functions with full independence.

3. They may only engage in another activity if it is compatible with their function.

[5] 1. The seat of the officer is determined jointly by the cantonal executives.

2. The officer is appointed for a term of five years.

3. The officer has a permanent secretariat whose staffing, operations, and status are defined by the cantonal executives. The officer hires their own staff.

4. The officer's terms of employment are automatically renewed for another five-year period unless the cantonal executives jointly decide, at least six months prior, not to renew them for sufficient objective reasons.

5. During the term, the executives may jointly revoke the officer if they have seriously violated their official duties or have permanently lost the ability to perform them.

6. The officer may terminate their terms of employment with six months' notice.

7. The officer's workload and compensation are jointly determined by the cantonal executives. Otherwise, their status is governed by the public service personnel legislation of the hosting canton.

8. In the event of a dispute, the officer may appeal to the Cantonal Court of the hosting canton.

[6] 1. The commission is composed of five members.

2. It includes at least one jurist and one specialist in computer science. The cantons are equitably represented within it.

3. Its seat is jointly determined by the cantonal executives. To the extent necessary, it benefits from the support of the registry of the first instance judicial authority on which its seat depends.

4. The members of the commission are appointed for a term of five years. They can be reappointed in their position, subject to the regulations related to retirement age. They are remunerated according to the terms set by the cantonal executives.

5. The commission meets at least once a year and, in addition, according to the matters to be handled.

6. It may validly deliberate in the presence of at least three of its members.

[7] 1. The appointee is responsible for promoting data protection and transparency by informing and raising awareness among the public and entities about the principles outlined in this convention.

2. He provides opinions on legislative proposals that affect data protection and transparency, assists and advises individuals and entities in these two fields.

3. He provides the opinions and advice stipulated by this convention, mediates between parties, and submits the reports mentioned in Article 13.

4. In matters of data protection, he maintains the public register of files, monitors the application of this convention, may issue recommendations, refer matters to the commission, and file appeals.

5. He monitors relevant developments, especially in the field of information and communication technologies, insofar as they impact the protection of personal data.

6. He cooperates with bodies from other cantons, the Confederation, and foreign states that perform similar tasks to him.

1. The commission issues the decisions provided for by the present convention.

2. It sends the report mentioned in Article 13.

3. It organizes itself freely and may adopt internal regulations.

[8] 1 On the proposals of the officer and the commission, the budgets allocated to them annually are jointly prepared by the cantonal executives.

1bis At the request of the officer or the commission, their budget proposals are transmitted to the cantonal legislatures.

2. Within the framework of their annual report, the officer and the commission present the accounts of the previous fiscal year.

3. The procedures related to the budget and accounts specific to each canton are reserved for the remainder.

1. Charges and revenues are allocated among the cantons in proportion to their respective resident populations as of December 31 of the previous year.

2. The cantonal executives may agree on a different allocation key depending on the circumstances.

Furthermore, the financial arrangements are settled by the heads of the Department of Finance of the cantons.

1. For each fiscal year, the officer and the commission shall submit a report of their activities to the cantonal legislative and executive authorities by March 31 of the following year.

2. They shall ensure its publication.

3. The officer may also submit a special report to these authorities at any time.

**[9] Definitions:**

a) **Personal data** (hereinafter: "data"), means any information relating to an identified or identifiable person;

b) **Sensitive data:**

1. Data concerning religious, philosophical, political, or trade-union opinions or activities;

2. Data regarding health, intimate sphere, or racial or ethnic origin;

3. Genetic data;

4. Biometric data uniquely identifying a natural person;

5. Data on criminal and administrative proceedings and sanctions;

6. Data on social assistance measures.

c) **Profiling**, any form of automated processing of data consisting in using these data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict elements concerning that natural person's work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;

c bis) **High-risk profiling**, any profiling that presents a high risk for the personality or fundamental rights of the individual concerned because it leads to data matching that allows for the evaluation of essential characteristics of a natural person's personality;

d) **File**, any structured set of personal data accessible according to specific criteria, whether centralized, decentralized or distributed on a functional or geographical basis;

e) **Data subject**, the natural or legal person about whom data are processed;

f) **Data controller**, the entity which, alone or jointly with others, determines the purposes and means of data processing;

g) **Processing**, any operation related to data - regardless of the means and processes used - particularly the collection, storage, use, modification, communication, archiving, erasure, or destruction of data;

h) **Communication**, the act of making data accessible, for example by authorizing their consultation, transmitting, or disseminating them;

i) **Online communication**, an automated procedure allowing an entity to possess data without the intervention of the one communicating them;

j) **Law in the formal sense**, legislative texts subject to mandatory or optional referendum, as well as regulations adopted in communal assemblies;

k) **Processor**, the private person or entity that processes data on behalf of the data controller;

l) **Recipient**, the natural or legal person, public authority, service, agency or any other body who receives data or to whom data are made accessible;

m) **Automated individual decision-making**, any decision taken solely on the basis of automated data processing, including profiling, which has legal effects on the data subject or significantly affects them;

n) **Data security breach**, any security breach leading accidentally or unlawfully to data loss, alteration, erasure, or destruction, disclosure or unauthorized access to such data.

[10] This chapter does not apply to

a) deliberations of cantonal and communal legislative authorities, as well as those of their committees;

b) the processing of data within the framework of pending judicial and arbitration proceedings, provided that the applicable procedural provisions ensure protection at least equivalent to that arising from this chapter;

c) the data that entities process within the scope of an activity subject to economic competition governed by private law.

[11] 1 Data may be processed if a legal basis provides for it or if their processing is necessary for the performance of a legal task.

2. Sensitive data and high-risk profiling can only be processed if a formal legal basis expressly authorizes it. A material legal basis is sufficient if the following conditions are met

a) the processing is essential for the accomplishment of a task clearly specified in a law in the formal sense;

b) the processing is not likely to lead to particular risks for the personality and fundamental rights of the persons concerned.

[12] 1 Only data that is necessary and appropriate to achieve the intended purpose may be processed.

2. Data must be retained in a form that allows the identification of the persons concerned for no longer than is necessary with regard to the purposes for which they are processed.

[13] 1. The processing of data must be carried out in accordance with the principle of good faith.

2. Data may only be collected for purposes that are specific and identifiable to the data subject, and they must be subsequently processed in a manner that is compatible with these purposes.

[14] 1 Whoever processes data must ensure that the data is accurate and complete.

2. They must take all appropriate measures to rectify, erase, or destroy data that is inaccurate or incomplete in relation to the purposes for which it is collected or processed. The appropriateness of the measure depends, in particular, on the type of processing and its scope, as well as on the risk that the processing of the data in question presents to the personality or fundamental rights of the individuals concerned.

[15] 1 Entities must ensure, through appropriate organizational and technical measures, adequate data security relative to the risk involved. The measures must prevent any data security breaches.

2 Entities shall ensure the integrity, availability, and confidentiality of the data.

[17] Data Controllers Maintain a Register of Their Files.

[18] 1 The officer maintains a public register listing files containing sensitive data and high-risk profiling.

2. These files are reported to the officer by the data controllers before becoming operational.

Any person may freely consult the directories and the public register.

[20] 1. The responsible entity shall submit for prior review to the supervisor

a) any legislative project affecting data protection;

b) any project where the data protection impact assessment reveals that, despite the measures planned by the data controller, the intended processing still presents a high risk to the personality or fundamental rights of the data subject;

c) any project involving subcontracting abroad.

2. The supervisor may establish a list of processing operations presenting high risks within the meaning of paragraph 1, letter b.

3. If the supervisor has objections concerning the intended processing, they shall propose appropriate measures to the data controller.

[21] 1 When the contemplated processing is likely to result in a high risk to the rights and freedoms of the data subject, the data controller shall first carry out a data protection impact assessment. If he plans to carry out several similar processing operations, he may establish a common impact assessment.

2. The existence of a high risk depends on the nature, scope, circumstances, and purpose of the processing. Such a risk exists notably in the following cases

c) the systematic monitoring of large parts of the public domain.

3. The impact assessment includes a description of the intended processing, an evaluation of the risks to the rights and freedoms of the data subject, as well as the measures planned to protect the personality and fundamental rights of the data subject.

4. The commissioner shall issue an opinion on the impact assessment and the envisaged security measures.

5. The data controller is released from the obligation to establish an impact assessment if a legal basis provides for the processing and its adoption has been preceded by an analysis meeting the requirements of paragraphs 1 to 4.

[22] 1 The data controller shall notify the processor without undue delay of any data security breaches that are likely to result in a high risk to the personality or fundamental rights of the data subject.

2. The notification must at least indicate the nature of the data security breach, its consequences, and the measures taken or envisaged to remedy the situation.

3. The processor shall notify the data controller without undue delay of any data security breach.

4. Furthermore, the data controller shall inform the data subject when it is necessary for their protection or when required by the processor.

5. The data controller may limit, delay, or waive the information provided to the data subject in the following cases

a) an overriding private or public interest of a third party opposes it;

b) a legal duty to maintain confidentiality prohibits it;

c) the duty to inform is impossible to fulfill or requires disproportionate efforts;

d) the information to the data subject can be equivalently guaranteed by public communication;

e) the communication of the information is likely to compromise an investigation, an inquiry, or a judicial or administrative procedure.

6. A notification based on this article cannot be used in criminal proceedings against the person required to notify without their consent.

[23] 1 The data controller shall adequately inform the data subject about the data collection, whether or not it is carried out directly from the data subject.

2. At the time of collection, the data controller shall provide the data subject with the necessary information to enable them to exercise their rights under this Act, and to ensure transparency of processing; at a minimum, they shall communicate the following

a) the identity and contact details of the data controller;

b) the purpose of the processing;

c) where applicable, the recipients or categories of recipients to whom the data are disclosed.

3. If the data are not collected from the data subject, the data controller shall also inform them of the categories of data processed.

4. When data are transferred abroad, the data controller shall also inform the data subject of the name of the relevant foreign state or international organization and, where applicable, the safeguards and exceptions provided by federal data protection law.

5. If the data are not collected from the data subject, the data controller shall provide the information referred to in paragraphs 2 to 4 at the latest one month after obtaining the data. If the data are communicated before this deadline, the data controller shall inform the data subject at the latest at the time of the communication.

[24] 1 The data controller is exempt from the duty to inform as per Article 24 if one of the following conditions is met

a) the data subject already has the corresponding information;

b) the data processing is provided for by law;

c) the data controller is a private person and is bound by a legal obligation to maintain confidentiality.

2. When the data is not collected from the data subject, the duty to inform does not apply in the following cases

b) providing the information would require disproportionate effort.

3. The data controller may limit or defer the communication of information, or forego it if one of the following conditions is met

a) overriding private interests of a third party or public interests require it;

b) the information prevents the processing from achieving its purpose;

c) the communication of the information is likely to compromise an investigation, an inquiry, or a judicial or administrative procedure.

[25] 1 In the case of joint processing, the entities concerned shall agree on the allocation of responsibilities and obligations arising from this agreement.

2. The agreement made in accordance with paragraph 1 is not enforceable against the data subject, who may assert the rights arising from this agreement with any of the entities concerned.

[26] Data that is no longer needed by the data controller and does not need to be retained as evidence or for security purposes is processed in accordance with the relevant cantonal legislation on archives.

[27] 1 Entities are entitled to communicate data, either of their own accord or upon request, only if

a) a legal basis authorizes it or if the communication is necessary for the fulfillment of a legal task; in the case of sensitive data or profiling, the authorization or the task must be based on a law in the formal sense;

b) the person concerned has consented in the specific case or has made their data accessible to everyone and has not formally objected to the communication as per Article 36;

b bis) the person concerned is not able to give their consent, the communication of the data is in their interest, and their consent can be presumed in accordance with the rules of good faith;

c) the recipient makes it plausible that the person concerned only refuses or objects to the communication with the intent to prevent them from asserting legal claims or other legitimate interests; the person concerned will be invited to express their opinion before communication, as per Article 30;

d) the data is contained in an official document for which access is requested according to Chapter IV, and the communication is justified by an overriding public interest.

2. Entities are entitled to communicate upon request the name, first name, address, marital status, profession, gender, and nationality, origin and destination of a person, even if the conditions of paragraph 1 are not fulfilled, provided that it is in the interest of the person concerned or that the recipient proves a legitimate interest worthy of protection.

3. Repealed.

**1. Refusal or Restriction of Data Disclosure**

a) Data disclosure is refused or restricted when an overriding public or private interest, particularly that of the concerned person, demands it;

b) A legal basis prohibits the disclosure.

2. When the reasons justifying the refusal or restriction are only temporary, disclosure must be granted as soon as these reasons no longer exist.

3. When disclosure must be refused, restricted, or delayed, it may nevertheless be granted with conditions that protect the interests needing safeguarding.

4. The entity must indicate summarily and in writing the reasons for its position, as well as the possibility to appeal to the official provided for in Article 40.

1. Data may only be transferred abroad if the conditions required by federal data protection legislation are fulfilled.

2. The entities shall inform the data protection officer of the safeguards taken under this legislation prior to the communication of data.

[28] If an entity regularly requires it for the execution of its legal duties, the relevant executive may provide online access to the necessary data after consulting the designated officer.

[29] 1 The distribution of data lists to private individuals is prohibited, unless authorized by the competent cantonal or communal executive.

2. Such authorization can only be granted if the applicant proves a legitimate interest worthy of protection, undertakes to use the transmitted data for the ideal purpose for which they were requested, and agrees not to disclose them to third parties; repetitive distribution of lists must additionally serve a public interest.

3. The distribution of lists containing sensitive data or high-risk profiling to private individuals, as well as their commercialization, is prohibited unless justified by a legal basis.

1 When the communication of data may prejudice an overriding public or private interest, the entities or individuals concerned have the right to be heard.

2. When the entity or individual concerned intends to communicate the data despite an objection, they must inform the objector, providing a brief written statement of the reasons for their position, as well as the option to refer the matter to the official as per Article 40.

[30] 1 Any person may request the data controller to confirm whether or not data concerning them is being processed.

2. The person concerned shall receive the necessary information to enable them to assert their rights according to this convention and to ensure transparency in the processing. In all cases, they shall receive the following information

a) the identity and contact details of the data controller;

b) the data processed as such;

c) the purpose of the processing;

d) the duration of data retention or, if not possible, the criteria used to determine this duration;

e) available information on the source of the data, insofar as the data was not collected from the data subject;

f) where applicable, the existence of an automated individual decision and the logic underlying the decision;

g) where applicable, the recipients or categories of recipients to whom data has been disclosed, as well as the information provided for in Article 24, paragraph 4.

3. The data controller who uses a processor to process data remains obligated to provide the requested information.

4. No one may waive the right of access in advance.

[31] 1 Subject to special provisions to the contrary, access to data includes on-site consultation and obtaining data in writing.

2. The data controller may also communicate the data orally if the concerned person agrees to it.

[32] 1 Access to data is refused or restricted when

b) it is provided for by a law in the formal sense.

2 When the information cannot be directly communicated to the person concerned because it would be too adversely affected or because additional explanations are necessary, the data controller transmits it to a trusted third party appointed for this purpose by the concerned person.

[33] Any person with a legitimate interest may request the data controller to

c) determine the unlawful nature of the processing.

[34] 1. Any person with a legitimate interest may request the data controller to ensure that the data is, without undue delay

b) destroyed or erased, if it is unnecessary, outdated, or contrary to the law.

2. If the accuracy or inaccuracy of data cannot be proven, the data controller shall append a note to the data indicating its disputed nature.

3. The concerned person may request that rectification, erasure, destruction of the data, prohibition of processing, prohibition of communication to third parties, or indication of the disputed nature be communicated to third parties.

4. Instead of erasing or destroying the data, the data controller may restrict processing in the following cases

a) the accuracy of the data is contested by the concerned person and its accuracy or inaccuracy cannot be established;

b) overriding interests of a third party are required;

c) an overriding public interest is required;

d) erasure or destruction of the data is likely to compromise an investigation, an inquiry, or an administrative or judicial procedure.

[35] 1 The concerned person who has a legitimate interest may object to the data controller disclosing specific data.

2. The objection can be set aside if

a) the data controller is legally obligated to disclose the data, or if

b) an overriding public interest requires the disclosure, particularly when nondisclosure could jeopardize the performance of the data controller's duties.

3. Subject to serious and urgent cases, the data controller shall defer the disclosure of data until the opposition is resolved.

[36] When the data controller intends not to comply with a request based on Articles 31 to 36, they shall inform the data subject in writing with brief reasons and indicate the possibility of contacting the supervisor for mediation.

[37] 1. Requests based on this convention are not subject to any formal requirements.

2. If necessary, the entity may request that they be submitted in writing.

3. Requests are addressed to the data controller.

The entity processes requests with diligence and speed.

[38] 1 In the event of a disagreement regarding the application of this chapter, the data controller, an entity, or a concerned person may request the officer to hold a conciliation session.

2. To this end, they shall submit a written request, summarily justified with supporting documents.

[39] 1 During the session, the officer endeavors to bring the parties to an agreement.

2. If one of the parties does not appear, the conciliation is considered to have failed; costs may be charged to the defaulting party.

3. If the conciliation is successful, the agreement concluded between the parties is recorded in the minutes.

4. Statements made during the session are confidential.

[40] 1 If the conciliation fails or if the agreement as per Article 41, paragraph 3, is not executed, the data controller, the entity or the concerned person, as well as the agent, may refer the matter for a decision to the commission.

2. Before making a decision, the commission allows them to exercise their right to be heard.

[41] 1 The decision of the commission is subject to appeal before the Cantonal Court of the canton where the entity is based.

2. The procedure is governed by the legislation on administrative procedure and jurisdiction of the canton concerned.

3. The data controller, the entity or the person concerned, as well as the officer, are entitled to appeal.

For the remainder, the legislation on administrative procedure and jurisdiction of the canton where the entity is headquartered is applicable.

[42] 1 The supervisor oversees the application by entities of the provisions of this convention regarding data protection.

2. To this end, they inspect the facilities and methods of data processing.

3. The supervisor acts ex officio, at the request of a concerned individual, the data controller, or an entity.

4. In fulfilling their duties, the supervisor has full investigatory powers; official secrecy and professional secrecy cannot be invoked against them.

5. Entities and concerned individuals are obliged to cooperate.

[43] 1 If it appears that there is a violation or risk of violation of data protection provisions, the officer requests the data controller to rectify it. If necessary, he takes provisional measures aimed at protecting the individuals concerned.

2. If there is no response to his request, he issues a recommendation to the data controller and informs the entity to which the latter is subordinate.

3. If this recommendation is rejected or not followed, the officer may bring the matter for decision before the commission.

4. The officer, the data controller, and the concerned entity have the right to appeal against the decision of the commission.

5. Otherwise, the legislation on administrative procedure and jurisdiction of the canton where the entity is seated is applicable.

Entities may install a video surveillance system under the following conditions

a) the installation constitutes the most adequate means to achieve the intended purpose and;

b) it is expressly provided for in a legal basis.

The entity planning to install a video surveillance system must first consult the data protection officer.

The legal basis underpinning video surveillance contains at least

f) the circle of persons authorized to access the data.

1. The retention period for data is in principle 96 hours.

2. If the purpose of the installation requires it, the retention period may be longer, but no more than four months.

The existence of the installation must be made visible, with an indication of the legal basis on which it is founded, as well as the responsible entity.

[44]

1 Entities are entitled to process data for research, planning, and statistical purposes, irrespective of the purpose for which the data was collected, under the following conditions

a) the recipient discloses data to third parties only with the consent of the entity that transmitted the data to them;

b) the results are published in a form that does not allow the identification of the individuals concerned.

2. If necessary, and to the extent that the purpose of the processing allows, the data are rendered anonymous.

[45] 1 Data processing may be entrusted to a subcontractor provided that a contract or law anticipates it and the following conditions are met

a) only processing that the data controller would be entitled to perform themselves is carried out;

b) no legal or contractual obligation to maintain secrecy prohibits it;

c) data security is ensured;

d) data is processed only in Switzerland, except if processing there is only possible at a disproportionate cost or can only be carried out abroad.

2. The data controller remains responsible for data protection; they ensure in particular that the subcontractor complies with this agreement and does not perform any processing other than that entrusted. The data controller must specifically ensure that the subcontractor is able to guarantee data security.

2bis The subcontractor may only entrust processing to a third party with the prior authorization of the data controller.

3. The subcontractor is subject to the same controls as the data controller.

[46] 1 Subject to special provisions of federal or cantonal law, anyone who intentionally discloses sensitive data or high-risk profiles in an unlawful manner, which they have learned in the course of their activity on behalf of an entity or during their training, shall be liable to a fine.

2. The disclosure remains punishable even if the activity on behalf of the entity or the training has ended.

[47] 1. Entities shall be liable for any damage caused to a data subject or a third party by unlawful data processing.

1bis. In the case of joint processing, entities are jointly liable for the damage.

2. Furthermore, the legal provisions related to liability specific to each canton are applicable.

3. In the event of damage caused by the official or the commission, the cantons shall be jointly liable according to the distribution key in Article 11. The right of recourse and its modalities are governed by the law of the canton of domicile.

1. Entities regularly and spontaneously communicate information about their activities and projects, unless an overriding public or private interest opposes it.

2. They provide information in an accurate, complete, clear, and timely manner.

3. They ensure dissemination through appropriate channels, taking into account the importance of the information.

4. Information concerning a decision made in a closed session is provided adequately and with respect for the interests that justified the closed session.

1. Entities generally inform, through the media, which they consider as privileged partners.

2. They take into account, as far as possible, the needs and constraints of the different media.

According to the means at their disposal, entities make available to the public, through modern information and communication technologies, the information they have provided to the media and other documents deemed important.

1. The items included in the agenda of the cantonal legislatures, along with the dates, times, and locations of the sessions, shall be made known to the public.

2. Documents intended for the deliberations of the plenum are made public when they are distributed to members of the parliament.

3. The debates of the legislature are promptly transcribed in writing and made accessible to the public.

4. Exceptions are made in cases where an overriding public or private interest opposes the disclosure.

1. Cantonal executives provide regular and continuous information on the matters they handle, the decisions they make, important work from their administration, as well as on intentions and projects likely to be of public interest.

2. They make public the essential documents needed to understand their decisions, unless a prevailing public or private interest opposes it.

3. They regulate the procedures for providing information concerning the activity of the administration and of the cantonal commissions.

1. Judicial authorities shall inform the public about their judicial and administrative activities of interest to them.

2. The Cantonal Court of each canton may issue regulations concerning the modalities of such information.

1. Judicial authorities provide information about ongoing procedures as required by the public interest, especially

a) when public cooperation is necessary to solve a crime or offense;

b) due to the particular severity, nature, or notoriety of a case;

c) when it is necessary to prevent or correct erroneous information likely to alarm the public;

d) when public warning or protection requires it.

2. When providing information, judicial authorities ensure respect for the legitimate interests of the parties or third parties, as well as the presumption of innocence, while considering the interests of the investigation.

3. Specific procedural rules are reserved.

Within the limits of this convention and the regulation pursuant to Article 62, paragraph 2, the schedule of public court hearings is accessible to journalists who have made a request.

1. Municipal councils inform the public according to the principles outlined in Article 61.

2. The dates, times, and locations of municipal legislative meetings, their agendas, and the reports intended for their members are made public. These documents are sent to the media that request them.

3. The information is primarily intended for the population of the municipality.

1. Sessions of cantonal and municipal legislatures are public.

2. Exceptions provided by cantonal law are reserved.

3. Hearings and pronouncements of judgments by judicial authorities are public, subject to exceptions provided by procedural provisions.

Sessions of other entities are not public, unless they decide otherwise.

1. During public sessions, recording of images and sound or their transmission is permitted provided that they do not disrupt the proceedings and do not infringe on an overriding public or private interest.

2. For hearings and the pronouncement of judgments by judicial authorities, recording of images and sound or their transmission is only permitted under conditions set by the Cantonal Court of each canton.

[48] 1. Everyone has the right to access official documents to the extent provided by this convention.

2. Access to official documents related to pending civil, criminal, contentious administrative procedures, and arbitrations is governed by procedural provisions.

3. Minutes of meetings that are not public are not accessible.

4. Special provisions of cantonal laws that declare certain information secret or make them accessible under conditions deviating from this convention are reserved.

1. Official documents are considered to be all information held by an entity related to the fulfillment of a public task, regardless of the medium.

2. Official documents notably include reports, studies, approved minutes, statistics, registers, correspondence, directives, positions, notices, and decisions.

3. Not considered official documents are those documents that have not reached their final stage of development, are intended for personal use, are subject to commercialization, or are decision support documents, such as internal notes.

1. In principle, access to official documents includes on-site consultation and, where necessary, the obtaining of copies.

2. The entity may also provide oral information regarding the content of an official document if the applicant is satisfied with this.

3. The use of copies of official documents obtained is subject to federal legislation relating to intellectual property.

1. Access to an official document is denied when an overriding public or private interest requires it.

2. An overriding public interest is notably recognized when access to the document may

e) Influence the decision-making process of an entity.

3. An overriding private interest is notably recognized when

a) The official document contains personal data and its disclosure is not authorized by the applicable data protection rules, unless the disclosure is justified by an overriding public interest;

b) Access reveals professional, manufacturing, or business secrets;

c) Access reveals information freely provided by a third party to an entity that has guaranteed confidentiality.

4. Access to an official document may be denied when it requires a manifestly disproportionate effort by the entity.

1. When only certain parts of an official document are inaccessible within the meaning of Article 72, access must be granted to the remainder, unless the document is thereby reduced to the point of distorting its meaning or scope.

2. When access to an official document must be denied, restricted, or deferred, it may nevertheless be granted with conditions that safeguard the protected interests within the meaning of Article 72.

1. The request for access does not need to be justified and is not subject to any formal requirements; however, the authority may request that it be submitted in writing.

2. The request must contain sufficient details to enable the identification of the requested official document.

1. The request is addressed to the entity that issued the official document.

2. If the entity is not subject to this convention, the request is addressed to the entity that is the primary recipient of the official document.

The entity processes the request with diligence and speed.

When access to an official document may harm an overriding public or private interest according to Article 72, Articles 30 and 36 shall apply by analogy.

1 When the entity intends to refuse, restrict, defer, or impose conditions on the disclosure of an official document, it shall inform the concerned person in writing, providing brief reasons and indicating the possibility of contacting the ombudsman for conciliation.

2. Furthermore, Articles 40 to 44 shall apply by analogy.

1 In the performance of their duties, the employee has the right to consult all official documents.

2. Professional secrecy and duty of confidentiality cannot be invoked against them.

1. Entities shall ensure that the classification of official documents facilitates their access.

2. Any archived official document remains accessible when the requester could have accessed it before its archiving under the principles enshrined in this convention.

3. Otherwise, the cantonal provisions regarding access to archives are reserved.

1. The exercise of the rights prescribed by this convention is free of charge.

2. However, fees and costs may be charged when

a) a person acts recklessly or negligently, or otherwise abuses their rights;

b) the applicant has already obtained the same information within the last twelve months and cannot demonstrate a pressing interest;

c) processing the request requires substantial work or incurs significant costs;

d) a list is communicated (art. 29).

3. In matters of transparency, costs may also be charged, particularly for obtaining copies.

1. In matters of data protection, the officer or the commission may charge the responsible entity the actual cost of their intervention when the entity's negligence or refusal to cooperate has caused disproportionate activity.

2. To the extent possible, the entity shall have been warned in advance and given sufficient time to remedy the identified shortcomings.

3. The commission and the officer issue a decision subject to appeal.

1. The cantonal executives shall jointly set the fees charged by the officer and the commission under this chapter.

2. Furthermore, the legislation of each canton concerning fees is reserved.

Pending cases before the authorities of Jura and Neuchâtel concerning data protection and transparency are transferred for processing to the bodies provided for by this convention upon its entry into force.

The cantonal executives shall regulate matters of organization and the modalities of the implementation of this convention by means of jointly adopted regulations.

1. This agreement is concluded for an indefinite duration.

2. It may be terminated at the end of a calendar year with a three-year notice.

1. This agreement is communicated to the Confederation.

2. The cantonal executives jointly determine the date of its entry into force.

Transitional Provision to the Amendment of February 15 and 16, 2022 [49]

Articles 23a, 23b, and 24 do not apply to processes that began before the new law's entry into force, provided that the purposes of the processing remain unchanged and no new categories of data are collected.