Regulation on the Law on Information and Transparency of the State (RLIT) (ILGT)

This Ordinance specifies

a) the scope of application of the Act;

b) public information (active information);

c) the right of access to official documents (passive information);

d) the related procedures and fees.

Natural and legal persons governed by private law that perform tasks of public interest are subject to the law according to its Art. 2 para. 1 lit. e only for the part of their respective organization and activity that is related to the fulfillment of a public task.

1 The law governs public information and access to official documents concerning current administrative activities.

2 Access to official documents that have been definitively archived is governed by the Law on Archiving and Public Archives of 15 March 2011 and by special law.

3 The protection, management, and preservation of official documents concerning current administrative activities are governed by the Law on Archiving and Public Archives of 15 March 2011 and by special law, taking into account the principles of the State Information and Transparency Law of 15 March 2011.

4 The competent authorities may issue specific provisions for the application of these regulations.

1 Subject to special rights, authorities shall inform the public and the media in the following ways

a) they shall publish information on their websites regarding important areas and matters within their sphere of competence;

b) they shall make available further information that facilitates the search for documents, provided this does not entail disproportionate expenditure.

2 The competent authority shall publish official documents of general interest or deemed important on its website as soon as possible if

a) this does not entail disproportionate expenditure; and

b) publication on the internet is not contrary to any legal provision.

The authorities define the methods for disseminating information to the population and the media through press releases, press conferences, and other dissemination tools.

Against the decisions of the responsible authority, an appeal may be lodged according to the rules of the law on administrative procedure and special law.

1. A document intended for personal use means any information for service purposes, used exclusively by its author or by a small number of people as an auxiliary means, such as notes or working copies of documents.

2. A document used for commercial purposes means any information provided by an authority for remuneration, including information directly used for the processing of a product.

1 Documents are considered official under the law

a) regardless of whether the information is expressed in verbal, written, filmed form or in combinations thereof, and regardless of the type of medium on which it is recorded;

b) regardless of whether they express facts or value judgments.

2 The processing of a document is considered terminated when it is presented in its final version, that is, in particular

a) when it has been signed, countersigned, or prepared in such a way as to reasonably deduce its definitive nature; or

b) when it has been definitively transmitted to the recipient, specifically for informational purposes or for a statement of position or decision.

1 The following categories of documents are excluded from the right of access established by law

a) documents archived indefinitely in accordance with the Law on Archiving and Public Archives of March 15, 2011;

b) health or clinical records, in accordance with the Law on Health Promotion and Health Coordination of April 18, 1989, and the Law on Sociopsychiatric Assistance of February 2, 1999;

c) decisions and judgments issued by judicial authorities and decisions of the Council of State as an appeals authority;

d) notes and evaluations of pupils and students;

e) personnel files;

f) professional provident insurance certificates;

2 The provisions of special federal and cantonal law which, by declaring certain official documents confidential, provide for specific conditions for their access, remain reserved.

3 Access to similar documents for planning, scientific, statistical, and research purposes also remains reserved, in accordance with the provisions of the Law on the Protection of Personal Data of March 9, 1987, and the Law on Cantonal Statistics of September 22, 2009.

1 Access to an official document granted to one person must be granted to any other applicant to the same extent, with the same content, and in the same manner.

2 Rights of access to information by authorities according to special law are reserved.

1 The authority shall adequately inform the applicant about the official documents available that concern their request and shall assist the applicant in their endeavor, provided this does not entail a disproportionate workload.

2 If the official documents are available on the internet or are contained in an officially published work accessible to all, the authority may limit itself to communicating to the applicant the necessary references for their retrieval.

3 The authority is not obliged to translate official documents that can be consulted according to the law, nor to explain their content.

1. Consultation takes place at the authority responsible for processing the request for access to the official documents requested.

2. The authority may limit itself to authorizing the applicant to consult a copy of the official document.

3. The identity of the applicant may be verified by presenting an identity document.

Upon request of the applicant, the authority shall prepare and deliver a copy of an official document, provided that the act of reproduction does not damage the document and the applicant bears the costs thereof.

1 Access to an official document that is likely to harm the personality, privacy, and personal data of third parties may be exceptionally granted if, after identifying and weighing the interests at stake, the public interest in transparency prevails.

2 The public interest in transparency may prevail when

a) the publication responds to a particular and urgent need for information on the part of the public, particularly following new events;

b) the publication serves to protect specific public interests, notably public order, security, or public health;

c) the person whose private sphere could be harmed by the publication has a legal or de facto relationship with one of the authorities subject to the law, from which they derive considerable advantages.

1 An application submitted in written form is understood in principle to also include applications submitted via fax or electronic mail, provided that the applicant is identifiable.

2 The application for access may be submitted using the official forms made available by the authorities.

3 The application must contain sufficient information to allow the authority to identify the official document requested. If reasonably required, the applicant must indicate in particular

a) generally obtainable data that clearly identifies a document, such as the date of preparation, title, and reference;

b) a precise timeframe;

c) the authority that prepared the document;

d) the scope in question.

4 The authority may invite the applicant to clarify their application.

5 If the applicant fails to provide, within 10 days, the additional information necessary for the identification of the requested document, their application shall be inadmissible. The authority shall inform the applicant of the consequences of non-compliance with the prescribed deadline.

The request for access is inadmissible if it is abusive, that is, if it is manifestly senseless or of a querulous content, or if the applicant deliberately disrupts the functioning of the administrative activity or repeatedly requests the communication of a document that they have already been able to consult based on the law or otherwise.

Request requiring a

particularly extensive treatment

(Art. 15 para. 2 lit. a TIA)

A request requires particularly expensive processing when the authority is unable to process it with the material and personnel resources at its disposal without considerably compromising the fulfillment of other tasks.

1 If an official document has been prepared by multiple authorities, the statement of position is issued by the responsible authority.

2 If the request for access concerns multiple documents relating to the same case and which have been prepared or received by different authorities subject to the law, the statement of position is issued by the responsible authority.

3 If responsibility is equally shared among several authorities, if it is not obvious, or if it has not been assigned to any authority, the authorities concerned shall determine among themselves the authority responsible for the statement of position. The latter shall take a position in agreement with the other authorities concerned.

4 If a document has been prepared under the mandate of another authority, the latter must be consulted before the statement of position is issued.

1 A member and a substitute member of the Independent Mediation Commission must have specialized training in mediation compliant with criteria recognized at the Swiss level by mediation bodies, as well as specific qualifications and aptitudes in administrative mediation.

2 The Commission examines whether the authority acted lawfully and appropriately in handling the application.

3 The Commission or a delegation thereof hears the participants in the mediation procedure and attempts to reach a solution. If it deems it appropriate, it submits proposals to the parties. The procedure may be written or oral.

4 The Commission may assign the preparation and execution of its mandate in a specific case to a delegation thereof. The latter shall ensure that its members are adequately and timely informed.

The Mediation Commission examines the application and concludes the procedure as soon as possible, taking into account its specific characteristics, the difficulties of treatment, and the complexity of the legal, technical, or political issues it raises.

1 As soon as a request for mediation has been filed, the Commission shall inform the authority concerned and shall set a deadline for it to

a) complete, if necessary, the substantiation of its position;

b) transmit the necessary documents to it;

c) communicate to it the name of the person authorized to represent it in the mediation.

2 The applicant and any third party consulted according to Art. 14 of the Act may be represented. In the case of an oral procedure, they must appear in person.

3 In the oral procedure, the authority must be represented by one of its senior officials or by an official specifically appointed with decision-making power regarding the subject of the mediation.

4 The parties are obliged to contribute to the observance of the deadline within which the mediation must take place and to cooperate in the search for an agreement.

5 If the parties refuse to participate in the search for an agreement or if they unduly delay the mediation procedure, the Commission may declare the mediation unsuccessful.

1 In the written communication, the Commission particularly mentions the right of the participants in the mediation procedure to request the responsible authority to issue a decision according to Art. 19 of the law and the deadline available to them.

2 The communication must not contain any type of information that could harm interests protected by Art. 10 of the law.

Information from the Commission

The responsible authorities and the appeals authorities shall transmit to the Conciliation Commission a copy of their decisions, insofar as the subject matter thereof has been subjected to an unsuccessful conciliation procedure.

The document consultation, mediation, and decision-making procedures are free of charge. Article 25 is reserved.

1 If reproductions are made or if access to a document entails administrative costs of a certain importance, a fee shall be charged according to the tariff set out in the annex to this regulation.

2 The bodies and authorities referred to in Article 2 paragraph 1 letters d and e of the Act are authorised to set lower tariffs.

3 An administrative cost is considered to be of a certain importance if the examination of the access request and the preparation of the official documents for access exceed half an hour.

4 The authority intending to charge a fee shall immediately inform the applicant thereof and communicate the probable amount.

5 The applicant may submit the probable amount of the fee to the mediation procedure according to Article 18 of the Act.

6 If mediation is not requested or if it is unsuccessful, the applicant may request the responsible authority to issue a duly reasoned decision on the amount of the fee. Articles 19 and 20 of the Act shall apply by analogy.

1 The State Chancellery is the centre of expertise in matters of transparency.

2 It designates a Transparency Advisory Service within its own organisation, which has the task of

a) coordinating the uniform implementation of the law at cantonal level, in collaboration with the Cantonal Data Protection Officer, the State Archives, and the Information Systems Centre;

b) ensuring and promoting the information of the public and authorities subject to the law;

c) offering advice and coordinating the training of authorities subject to the law. [1]

[1] Para. amended by R 22.3.2017; in force since 24.3.2017 - BU 2017, 55.

… [2]

[2] Art. repealed by R 22.3.2017; in force from 24.3.2017 - BU 2017, 55.

1 Every authority shall annually communicate to the State Chancellor

a) the number of access requests submitted to it during the year;

b) the number of requests accepted, rejected, or partially rejected.

2 The State Chancellor shall define the modalities for communicating such information.

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on January 1, 2013.

Published in OB 2012, 429.

ANNEX

(Art. 25)