Purpose
Table of Provisions (9)
Statutory Text (9 Provisions)
The present order sets forth the fees and disbursements that may be charged by the Data Protection and Transparency Officer (hereinafter: the Officer) as well as by the Data Protection and Transparency Commission (hereinafter: the Commission) in the following cases, as provided by Article 41, paragraph 2, and Chapter V of CPDT-JUNE
a) A person acts recklessly or carelessly or otherwise abuses their rights (Art. 41, para. 2, and Art. 81, para. 2, let. a, CPDT-JUNE);
b) The applicant has already obtained the same information in the last twelve months and cannot claim an overriding interest (Art. 81, para. 2, let. b, CPDT-JUNE);
c) Processing the request requires significant work or incurs substantial disbursements (Art. 81, para. 2, let. c, CPDT-JUNE);
d) The intervention costs are charged to the responsible entity due to its behavior (Art. 82, CPDT-JUNE).
When the present decree allows for discretion, the appointee and the commission shall determine the fee based on their contribution, the significance of the matter, and its complexities.
When a person acts with recklessness or carelessness, or otherwise abuses their rights, the officer and the commission may impose a fee ranging from 100 to 1,000 francs on that person.
When the applicant has already obtained the same information within the last twelve months and cannot demonstrate an urgent interest, the officer and the commission may impose a fee of 100 to 1,000 francs on him.
When the processing of a request requires a significant amount of work, the officer and the commission may charge a fee ranging from 100 to 2,000 francs.
The agent and the commission also collect the expenses they incur.
**1. When the agent or the commission charges for their intervention at cost price (Art. 82 CPDT-JUNE), they base it on an hourly rate that takes into account all of their expenses, particularly infrastructure costs (administration, IT, premises).**
**2. The agent and the commission also collect the disbursements that they incur.**
This order comes into force on April 1, 2014.
This order shall be published in the Official Journal and the Official Gazette, and inserted into the Systematic Collection of Jura Legislation as well as the Systematic Collection of Neuchâtel Legislation.