Regulations of the Cantonal Data Protection Commission

The Commission is appointed every four years by the Council of State; the Grand Council confirms its appointment (Art. 31 para. 1 LPDP).

The Commission is independent; it is composed of five members, including a magistrate or former magistrate who assumes its presidency (Art. 31 para. 2 LPDP).

The Commission adjudicates in cases provided for by law (Art. 31 para. 3 LPDP).

Every person whose data is concerned may assert the rights established by the FADP or by superior law (Art. 13 para. 2 Cst. and Art. 8 ECHR) by requesting a decision from the Cantonal Data Protection Commission (Art. 31a para. 1 FADP).

The request for a decision is typically made as an appeal against a decision by the body processing the data or as a complaint against the latter (Art. 31a para. 2 FADP).

[1] Before entering into the merits of a complaint or an appeal, the Commission shall ex officio examine its own jurisdiction (Art. 5 LPAmm).

In particular, the Commission shall not have jurisdiction if the complaint or the appeal, respectively, can be brought before another authority or another court, according to a special law. The Commission shall not have jurisdiction if the matter has already been adjudicated (Art. 31a para. 3 LPDP).

If it deems itself to be without jurisdiction, the Commission shall issue a formal decision of inadmissibility and, once it has become legally binding, shall transmit the documents to the competent authority and notify the complainant or appellant thereof (Art. 6 LPAmm).

[1] Art. modified by R 12.2.2014; in force since 1.3.2014 - BU 2014, 105.

[2] The President may, ex officio or upon application by a party, adopt appropriate provisional measures (Art. 37 LPAmm).

[2] Art. amended by R 12.2.2014; in force since 1.3.2014 - BU 2014, 105.

[3] The taking of evidence and its admission are carried out by the President or the delegated judge.

Official secrecy cannot be invoked against the Commission.

Minutes of the discussions and the taking of evidence before the Commission are kept (Art. 25 para. 2 LPAmm).

[3] Art. amended by R 12.2.2014; in force since 1.3.2014 - BU 2014, 105.

[4] The Commission ascertains the facts ex officio, is not bound by the parties' requests for evidence, evaluates the evidence according to its free conviction, and applies the law ex officio (Art. 25 para. 1 LPAmm).

[4] Art. modified by R 12.2.2014; in force since 1.3.2014 - BU 2014, 105.

The Commission usually deliberates in a composition of three members and judges in a composition of five members if a member or the particularity of the matter submitted for judgment so requires.

In the event of recusal or abstention by a member, the Commission shall in any case judge in a composition of three members.

The Commission deliberates orally if a member requests it or if there is no unanimity. In other cases, it judges by circulation of documents.

The complainant/appellant has the right to request a public hearing in application of Art. 6 ECHR.

The judgment must be reasoned.

The judgment is served on the complainant/appellant, the data processing body, the Cantonal Data Protection Officer, and the Council of State.

[5] An appeal against the decision of the Commission may be lodged with the TRAM within 30 days, in accordance with the procedures described in Articles 68, 69 and 70 LPAmm.

[5] Art. amended by R 12.2.2014; in force since 1.3.2014 - BU 2014, 105.

[6] The court fee is governed by Art. 47 LPAmm and recoverable costs by Art. 49 LPAmm.

[6] Art. modified by R 12.2.2014; in force since 1.3.2014 - BU 2014, 105.

[7] For matters not governed by these regulations, the provisions of the Administrative Procedure Act of 24 September 2013 shall apply.

2. This Regulation shall be published in the Official Bulletin of Laws and Executive Acts. [8]

Published in OB 2008, 714.

[7] Art. amended by R 12.2.2014; effective from 1.3.2014 - OB 2014, 105.

[8] Entry into force: 19 December 2008 - OB 2008, 714.