Regulation of the Cantonal Data Protection and Transparency Commission (ReCCPDT) - Subject Matter (RKDSÖK)

1. This regulation governs the organization and functioning of the Cantonal Data Protection and Transparency Commission (hereinafter: the Commission).

1. The Data Protection and Public Information Commissioner (hereinafter referred to as the Commissioner) and the Commission are two independent authorities that together form the supervisory authority for data protection and public information.

2. The Commission exercises its powers independently.

3. It is administratively attached to the State Chancellery.

1. The Commission is headquartered in Sitten.

2. All correspondence to the Commission must be sent to the address provided on the Commission's website in accordance with Article 27.

3. The acronym of the Commission is KDSÖK.

1. The commission consists of 5 members.

2. The president and the members of the commission are appointed by the Grand Council for a renewable term of 4 years.

1. The Secretariat of the Commission is led by a Commission member appointed by the President.

2. The Secretariat is specifically responsible for the dispatch of correspondence, preparation of meeting documents, minute-taking, and undertakes additional tasks as assigned by the President. In collaboration with the President, it ensures the storage and archiving of files.

**1. The President has the following duties, in collaboration with the Secretariat:**

a) he plans and organizes the tasks.

b) he convenes the meetings, proposes the agenda, and leads the discussions.

c) he handles the day-to-day business.

d) he represents the commission.

**2. In urgent cases, the President takes the necessary measures and decisions and reports to the Commission about them.**

**3. In the event of an incapacity, the President is represented by the Vice President or another member.**

1. If the President deems it appropriate given the nature of the case, he may delegate specific tasks to external service providers.

1. For each fiscal year (which corresponds to a calendar year), the Commission prepares a report in German and French. This report provides information on the activities of the Commission and the accounts of the previous year.

2. The report is published.

3. The President submits the report to the State Council and the Grand Council no later than the end of February.

1. The Commission has its own budget. Each year, it submits its draft budget to the Grand Council through the State Council.

1. The Commission, as an administratively independent judicial authority, decides on all cases concerning unsuccessful mediations or the non-compliance with agreements reached in the context of a mediation, that are submitted to it (Art. 30b of the Implementing Regulations for the Law on Public Information, Data Protection, and Archiving [ARGIDA]).

2. The Commissioner primarily has duties in the areas of consulting and mediation, while the Commission is the authority of first instance for decisions.

**1. If the mediation procedure fails or the agreement reached is not adhered to, the authority, the applicant, the affected third party, or the representative can appeal to the commission (Art. 37 para. 1 lit. e as well as 53 and 54a para. 1 GIDA).**

**2. The representative may at any time submit a matter to the commission for decision, which can be accompanied by sanctions according to Article 292 of the Swiss Criminal Code (StGB) (Art. 37 para. 1 lit. d GIDA).**

**3. If the commission is appealed without prior mediation, the president shall return the matter to the representative.**

1. The procedure is fundamentally written. The Commission may, exceptionally, conduct an oral procedure if the nature of the matter requires it.

2. In an oral procedure, the President shall determine the place and date of the hearings and appoint an ad hoc secretary from among the Commission members.

3. A record shall be prepared and signed by the parties, the President, and the secretary.

1. The procedure is initiated by submitting an application in two copies to the Commission.

2. Electronic communication between the parties and the Commission is not permitted, subject to contrary legal provisions.

3. The application must include a presentation of the facts and precise conclusions.

4. The Commission takes all appropriate evidentiary measures. It establishes the facts ex officio and assesses the evidence at its discretion.

1. After giving the parties an opportunity to express their opinions, the commission deliberates on the matter in a session (see Art. 16) and makes a decision.

2. The decision must be reasoned and include the legal remedies. It must be communicated to the parties in writing.

1. In cases not provided for in these regulations, the provisions of the Law on Administrative Procedure and Administrative Jurisdiction (VVRG) shall apply subsidiarily.

1. The President convenes the commission as often as the handling of business requires, but at least once a year.

2. The commission may hold its meetings anywhere within the territory of the Canton of Valais or via video conference.

3. It can validly deliberate in the presence of at least 3 members. In case of a tie, the presiding member casts the deciding vote.

1. A record shall be kept of each session. This shall briefly summarize the deliberations to provide an overview of the main opinions expressed and the reasons for the decisions and statements of the commission.

1. The Commission may conduct a consultation of its members

a) to gather opinions for the preparation of discussions;

b) to approve the revised version of a document discussed in a meeting.

2. The Commission may make decisions by circulation, provided none of its members requests discussion in a meeting.

1. Commission members must recuse themselves or can be declared biased in accordance with the rules provided in Article 10 VVRG and Article 56 paragraph 4 GIDA.

1. A procedural record is maintained for each dossier. The dossiers are numbered by year.

2. The procedural records, the decisions, as well as the Commission's documents are stored in accordance with the document management principles established by the State Archives.

1. The President ensures the storage, security, and protection of the data processed by the Commission.

2. It regulates access rights in accordance with the GIDA.

1. The State Council establishes the compensation of commission members in a specific order as well as in a general decree.

1. The compensation is determined as follows

President

- per day: CHF 500.-

- per half-day: CHF 250.-

- per individual hour: CHF 100.-

Members

- per day: CHF 350.-

- per half-day: CHF 200.-

- per individual hour: CHF 50.-

2. The travel time from the residence of the members and the president is taken into account when calculating the time expenditure.

1. The following effective travel expenses are considered

a) Meal CHF 25

b) Accommodation including breakfast CHF 90

c) Train ticket 2nd class, out-of-canton 1st class

d) Private vehicle, if justified CHF 0.70 per km

1. The costs for postage, telecommunications, copies, and other expenses are reimbursed based on the actual expenditure.

1. The disbursement of compensations is made on the basis of regular statements, which are approved by the President and the State Chancellery.

2. The President’s expense reports must be internally audited and approved by the Vice President.

1. The Commission maintains a website in German and French with information about its composition, activities, and the applicable legal bases.

2. The contact address of the Commission is also provided on this website.

1. The President represents the commission externally and informs the public about the matters addressed as necessary.

2. It ensures contact with the legislative, executive, and judicial branches.

3. The President provides the commission members with the information necessary to fulfill their duties.