Article 9 Act on the Protection of Personal Data (Cantonal Data Protection Act, KDSG) - Disclosure of Personal Data: Principle
Article 9 Cantonal Data Protection Act, CDPA - Disclosure of Personal Data: Principle — Disclosure of Personal Data: Principle
1. Personal data may only be disclosed if
a) there is a legal basis for this according to Article 4, paragraphs 1 and 2;
b) the disclosure of the data is necessary for the recipient to fulfill a legal duty;
c) the person concerned has expressly consented to the disclosure, or, if they are unable to do so, the disclosure is in the interest of the person concerned and their consent can be assumed;
d) the disclosure is necessary to protect the life or physical integrity of the person concerned or a third party, and it is not possible to obtain the consent of the person concerned within a reasonable time;
e) the person concerned has made their data generally accessible and has not expressly prohibited its disclosure; or
f) the recipient credibly demonstrates that the person concerned refuses consent or objects to the disclosure to prevent him or her from enforcing legal claims or exercising other legitimate interests; the person concerned must be given an opportunity to comment in advance, unless this is impossible or involves disproportionate effort.
2. Personal data contained in publicly accessible official or officially approved publications may only be disclosed to the extent and in accordance with the order they are published.
3. The responsible authority shall deny disclosure, restrict it, or attach conditions if
a) essential public interests or obviously legitimate interests of the person concerned require it; or
b) statutory confidentiality obligations or special data protection provisions require it.