Federal Act
on the Principle of Freedom of Information in Public Administration
(Freedom of Information Act, FIA)
of 17 December 2004 (Status as of 1 January 2007)
The Federal Assembly of the Swiss Confederation,
on the basis of Article 173(2) of the Constitution1,
upon consideration of the accompanying Report of the Federal Council of 12 February
20032
decrees as follows:
Section 1 General Provisions
Art. 1 Object and Purpose
This Act seeks to promote transparency with regard to the mandate, organisation and
activities of the Public Administration. For this purpose, it shall contribute to informing
the public by ensuring access to official documents.
Art. 2 Scope: Ratione Personae
1
This Act shall apply to:
a. The Federal Administration
b. Public and private bodies, existing outside of the Federal Administration,
insofar as they pass acts or hand down decisions in the first instance within the
meaning of Article 5 of the Federal Act of December 20, 1968 on
Administrative Procedures (Administrative Procedures Act)3;
c. The Parliamentary Services.
2
This Act shall not apply to the Swiss National Bank or the Swiss Federal Banking
Commission.
3
The Federal Council shall be authorised to exclude other departments of the Federal
Administration, as well as other public and private bodies outside the Federal
Administration, from the scope of this Act, should:
a. the functions assigned to same so require;
b. their competitiveness be prejudiced by being subject to this Act; or
c. the functions assigned to them be of only minor importance.
1 SR [Systematic Register of Federal Legislation] 101
2 BBl [Federal Gazette] 2003 1807
3 SR 172.021
152.3 Fundamental Rights
2
Art. 3 Scope: Ratione Materiae
1
This Act shall not apply to:
a. Access to official documents relating to:
1. Civil proceedings;
2. Criminal proceedings;
3. International legal and administrative assistance proceedings;
4. International dispute settlement proceedings;
5. Constitutional and administrative judiciary proceedings; or
6. Arbitration proceedings; and
b. The consultation, by a party, of the case file in first-instance administrative
proceedings.
2
Access to official documents containing personal information about the applicant shall
be governed by the Federal Act of 19 June 1992 on Data Protection (Data Protection
Act)4.
Art. 4 Reservation of Special Provisions
Special provisions contained in other Federal Acts shall be reserved where they:
a. declare certain information secret; or
b. declare certain information accessible subject to requirements differing from
those set out herein;
Art. 5 Official Documents
1
An official document shall be any information:
a. which has been recorded, regardless of the medium;
b. retained by the authority which issued same or to which it has been
communicated; and
c. which concern the execution of a public function.
2
Documents which have been produced by means of a simple computerized process
from recorded information which meets the requirements pursuant to (a), (b) and (c)
above, shall be deemed to be official documents.
3
Not deemed to be official documents are any documents which:
a. are used by an authority in a commercial capacity;
b. have not been issued; or
c. are intended for personal use.
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3
Section 2 Right of Access to Official Documents
Art. 6 Principle of Freedom of Information
1
Every person shall have the right to inspect official documents and to obtain
information about the contents of official documents.
2
The documents may be inspected in situ or a copy thereof may be requested.
Legislation governing copyright shall be reserved.
3
Where an official document has already been published by the Federal Government, in
paper or electronic format, the provisions pursuant to (1) and (2) above shall be deemed
to have been fulfilled.
Art. 7 Exceptions
1
The right of access shall be limited, deferred or denied, should such access to an
official document:
a. significantly impair the free opinion-forming and decision-making processes
of an authority which is subject to this Act, or of another legislative,
administrative or judicial body;
b. affect the execution of specific measures taken by an authority in conformity
with its objectives;
c. be likely to compromise the domestic and international security of
Switzerland;
d. be likely to affect the interests of Switzerland in matters of foreign policy and
international relations;
e. be likely to affect relations between the Federal Government and the cantons
or inter-cantonal relations;
f. be likely to affect the economic or monetary interests of Switzerland;
g. reveal professional, business or manufacturing secrets; or
h. result in the release of information provided voluntarily by a third party to an
authority which undertook to maintain secrecy with regard thereto.
2
The right of access shall be limited, deferred or denied, should said access to an
official document prejudice the privacy of a third party, unless exceptionally
outweighed by public interest.
Art. 8 Special Cases
1
There shall be no right of access to official documents of joint reporting proceedings.
2
Access to official documents shall only be granted after the political or administrative
decisions which they form the basis of have been taken.
152.3 Fundamental Rights
4
3
By way of exception, the Federal Council may decide to withhold access to official
documents resulting from official departmental consultation processes even after rulings
have been made.
4
Under no circumstances shall access to official documents about the status of pending
or future negotiations be granted.
5
Access to reports on the evaluation of the performance of the Federal Administration
and the effectiveness of its measures shall be ensured.
Art. 9 Protection of Personal Data
1
Official documents containing personal data shall, wherever possible, be rendered
anonymous prior to inspection.
2
Where a request for access covers official documents which cannot be rendered
anonymous, Article 19 of the Federal Data Protection Act5 shall apply. The relevant
procedure shall be governed by this Act.
Section 3 Procedure for Access to Official Documents
Art. 10 Access Application
1
An application for access to official documents shall be addressed to the authority
which created same or received same as primary addressee from third parties not subject
to this Act.
2
The Federal Council may provide a special procedure for access to official documents
by Swiss representation abroad and by missions to international organisations.
3
The application must be formulated in a sufficiently accurate manner.
4
The Federal Council shall enact regulations governing the particulars of this procedure:
a. it shall take the special needs of the media into account;
b. should a large number of applications cover the same documents, it may
stipulate other modalities governing such access;
c. it may extend the processing deadlines for applications which require
particularly extensive processing.
Art. 11 Consultation
1
Should an application be made for access to official documents which contain personal
data, and which the authority is considering granting, it shall consult the person
concerned and afford him the opportunity to submit comments within ten days.
2
The authority shall then inform such consulted person of the position it intends to take
concerning the application for access.
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Art. 12 Decision of the Authority
1
The authority shall make a decision as soon as possible; no later than 20 days after
receipt of the application.
2
Said deadline may, under exceptional circumstances, be extended by 20 days, should
the application for access concern a large number of documents or documents which are
complex or difficult to obtain. Should an application concern official documents
containing personal information, the deadline shall be extended for the required period.
3
Should an application concern official documents containing personal information, the
authority shall suspend access until the legal situation has been clarified.
4
The authority shall inform the applicant, with summary grounds, of any extension of
the deadline, limitation or denial of access. Information concerning the limitation or
denial of access, as well as the grounds therefore, shall be conveyed in writing.
Art. 13 Mediation
1
A request for mediation may be filed by any person:
a. whose access to official documents has been limited, deferred or denied;
b. whose application was not decided by the authority within the deadline;
c. who was consulted pursuant to Art. 11, should the authority intend granting
access contrary to his disapproval.
2
The request for mediation must be filed in writing with the Federal Data Protection and
Information Commissioner within 20 days of receipt of the decision from the authority
or the date of the authority’s failure to comply with the deadline.
3
Should mediation succeed, the matter shall be deemed to have been settled.
Art. 14 Recommendation
Should mediation fail to succeed, the Federal Data Protection and Information
Commissioner shall provide the participants to the mediation proceedings with a written
recommendation within 30 days of receipt of the request for mediation.
Art. 15 Decision
1
Within ten days of receipt of the recommendation, the applicant or the person
consulted may request a decision pursuant to Article 5 of the Administrative Procedures
Act6.
2
Furthermore, the authority shall hand down a decision, where, contrary to the
recommendation, it intends to:
6 SR 172.021
152.3 Fundamental Rights
6
a. limit, defer or deny the right of access to an official document;
b. grant the right of access to an official document containing personal
information.
3
A decision shall be handed down within 20 days of the date of receipt of the
recommendation or the request for a decision pursuant to (1) above.
Art. 167
Appeal
1
Appeals proceedings shall be subject to the general provisions found in the relevant
legislation governing the Federal administration of justice.
2
The instances called upon to hear any appeals shall also have access to official
documents which are secret.
Art. 17 Fees
1
In principle, access to official documents shall be subject to payment of a fee.
2
No fee shall be charged for:
a. the processing of an application which gives rise to minimal costs;
b. mediation proceedings (Art. 13); and
c. proceedings before the first instance (Art. 15).
3
The Federal Council shall enact modalities and fee rates on the basis of the effective
costs incurred. Special provisions set out in other legisltative Acts shall be reserved.
4
Fees may, in any event, be charged for the release of reports, brochures and other
printed material and information carriers.
Section 4 Federal Data Protection and Information Commissioner
Art. 18 Duties and Competencies
The Federal Data Protection and Information Commissioner (the Commissioner)
pursuant to Article 26 of the Federal Data Protection Act8 shall, in particular, have the
following duties and competencies under the present Act:
a. Conducting mediation proceedings (Art. 13) and making a recommendation
(Art. 14), should mediation not succeed;
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8 SR 235.1
Freedom of Information Act 152.3
7
b. Providing information ex officio, or at the request of individuals or authorities,
on the modalities governing access to official documents;
c. Commenting on draft legislation and measures of the Federal Government
which have a fundamental impact on the principle of freedom of information.
Art. 19 Evaluation
1
The Commissioner shall review the execution and effectiveness of this Act and, in
particular, the costs incurred by its implementation, and shall report on a regular basis to
the Federal Council.
2
The Commissioner shall submit the first report on the implementation costs of this Act
to the Federal Council within three years of its entry into force.
3
The reports of the Commissioner shall be published.
Art. 20 Right to Information and Inspection
1
Within the context of mediation proceedings, the Commissioner shall have access to
official documents, even if same are subject to secrecy.
2
The Commissioner and his secretariat shall be subject to official secrecy to the same
extent as the authorities whose official documents they inspect or from whom they
obtain information.
Section 5 Concluding Provisions
Art. 21 Execution
The Federal Council may, in particular, enact provisions governing the:
a. processing of official documents;
b. information pertaining to official documents;
c. publication of official documents.
Art. 22 Amendments to Existing Legislation
Amendments to existing legislation shall be governed pursuant to the Annex.
Art. 23 Transitional Provisions
This Act shall apply to official documents produced or received by authorities after its
entry into force.
152.3 Fundamental Rights
on the Principle of Freedom of Information in Public Administration
(Freedom of Information Act, FIA)
of 17 December 2004 (Status as of 1 January 2007)
The Federal Assembly of the Swiss Confederation,
on the basis of Article 173(2) of the Constitution1,
upon consideration of the accompanying Report of the Federal Council of 12 February
20032
decrees as follows:
Section 1 General Provisions
Art. 1 Object and Purpose
This Act seeks to promote transparency with regard to the mandate, organisation and
activities of the Public Administration. For this purpose, it shall contribute to informing
the public by ensuring access to official documents.
Art. 2 Scope: Ratione Personae
1
This Act shall apply to:
a. The Federal Administration
b. Public and private bodies, existing outside of the Federal Administration,
insofar as they pass acts or hand down decisions in the first instance within the
meaning of Article 5 of the Federal Act of December 20, 1968 on
Administrative Procedures (Administrative Procedures Act)3;
c. The Parliamentary Services.
2
This Act shall not apply to the Swiss National Bank or the Swiss Federal Banking
Commission.
3
The Federal Council shall be authorised to exclude other departments of the Federal
Administration, as well as other public and private bodies outside the Federal
Administration, from the scope of this Act, should:
a. the functions assigned to same so require;
b. their competitiveness be prejudiced by being subject to this Act; or
c. the functions assigned to them be of only minor importance.
1 SR [Systematic Register of Federal Legislation] 101
2 BBl [Federal Gazette] 2003 1807
3 SR 172.021
152.3 Fundamental Rights
2
Art. 3 Scope: Ratione Materiae
1
This Act shall not apply to:
a. Access to official documents relating to:
1. Civil proceedings;
2. Criminal proceedings;
3. International legal and administrative assistance proceedings;
4. International dispute settlement proceedings;
5. Constitutional and administrative judiciary proceedings; or
6. Arbitration proceedings; and
b. The consultation, by a party, of the case file in first-instance administrative
proceedings.
2
Access to official documents containing personal information about the applicant shall
be governed by the Federal Act of 19 June 1992 on Data Protection (Data Protection
Act)4.
Art. 4 Reservation of Special Provisions
Special provisions contained in other Federal Acts shall be reserved where they:
a. declare certain information secret; or
b. declare certain information accessible subject to requirements differing from
those set out herein;
Art. 5 Official Documents
1
An official document shall be any information:
a. which has been recorded, regardless of the medium;
b. retained by the authority which issued same or to which it has been
communicated; and
c. which concern the execution of a public function.
2
Documents which have been produced by means of a simple computerized process
from recorded information which meets the requirements pursuant to (a), (b) and (c)
above, shall be deemed to be official documents.
3
Not deemed to be official documents are any documents which:
a. are used by an authority in a commercial capacity;
b. have not been issued; or
c. are intended for personal use.
4 SR 235.1
Freedom of Information Act 152.3
3
Section 2 Right of Access to Official Documents
Art. 6 Principle of Freedom of Information
1
Every person shall have the right to inspect official documents and to obtain
information about the contents of official documents.
2
The documents may be inspected in situ or a copy thereof may be requested.
Legislation governing copyright shall be reserved.
3
Where an official document has already been published by the Federal Government, in
paper or electronic format, the provisions pursuant to (1) and (2) above shall be deemed
to have been fulfilled.
Art. 7 Exceptions
1
The right of access shall be limited, deferred or denied, should such access to an
official document:
a. significantly impair the free opinion-forming and decision-making processes
of an authority which is subject to this Act, or of another legislative,
administrative or judicial body;
b. affect the execution of specific measures taken by an authority in conformity
with its objectives;
c. be likely to compromise the domestic and international security of
Switzerland;
d. be likely to affect the interests of Switzerland in matters of foreign policy and
international relations;
e. be likely to affect relations between the Federal Government and the cantons
or inter-cantonal relations;
f. be likely to affect the economic or monetary interests of Switzerland;
g. reveal professional, business or manufacturing secrets; or
h. result in the release of information provided voluntarily by a third party to an
authority which undertook to maintain secrecy with regard thereto.
2
The right of access shall be limited, deferred or denied, should said access to an
official document prejudice the privacy of a third party, unless exceptionally
outweighed by public interest.
Art. 8 Special Cases
1
There shall be no right of access to official documents of joint reporting proceedings.
2
Access to official documents shall only be granted after the political or administrative
decisions which they form the basis of have been taken.
152.3 Fundamental Rights
4
3
By way of exception, the Federal Council may decide to withhold access to official
documents resulting from official departmental consultation processes even after rulings
have been made.
4
Under no circumstances shall access to official documents about the status of pending
or future negotiations be granted.
5
Access to reports on the evaluation of the performance of the Federal Administration
and the effectiveness of its measures shall be ensured.
Art. 9 Protection of Personal Data
1
Official documents containing personal data shall, wherever possible, be rendered
anonymous prior to inspection.
2
Where a request for access covers official documents which cannot be rendered
anonymous, Article 19 of the Federal Data Protection Act5 shall apply. The relevant
procedure shall be governed by this Act.
Section 3 Procedure for Access to Official Documents
Art. 10 Access Application
1
An application for access to official documents shall be addressed to the authority
which created same or received same as primary addressee from third parties not subject
to this Act.
2
The Federal Council may provide a special procedure for access to official documents
by Swiss representation abroad and by missions to international organisations.
3
The application must be formulated in a sufficiently accurate manner.
4
The Federal Council shall enact regulations governing the particulars of this procedure:
a. it shall take the special needs of the media into account;
b. should a large number of applications cover the same documents, it may
stipulate other modalities governing such access;
c. it may extend the processing deadlines for applications which require
particularly extensive processing.
Art. 11 Consultation
1
Should an application be made for access to official documents which contain personal
data, and which the authority is considering granting, it shall consult the person
concerned and afford him the opportunity to submit comments within ten days.
2
The authority shall then inform such consulted person of the position it intends to take
concerning the application for access.
5 SR 235.1
Freedom of Information Act 152.3
5
Art. 12 Decision of the Authority
1
The authority shall make a decision as soon as possible; no later than 20 days after
receipt of the application.
2
Said deadline may, under exceptional circumstances, be extended by 20 days, should
the application for access concern a large number of documents or documents which are
complex or difficult to obtain. Should an application concern official documents
containing personal information, the deadline shall be extended for the required period.
3
Should an application concern official documents containing personal information, the
authority shall suspend access until the legal situation has been clarified.
4
The authority shall inform the applicant, with summary grounds, of any extension of
the deadline, limitation or denial of access. Information concerning the limitation or
denial of access, as well as the grounds therefore, shall be conveyed in writing.
Art. 13 Mediation
1
A request for mediation may be filed by any person:
a. whose access to official documents has been limited, deferred or denied;
b. whose application was not decided by the authority within the deadline;
c. who was consulted pursuant to Art. 11, should the authority intend granting
access contrary to his disapproval.
2
The request for mediation must be filed in writing with the Federal Data Protection and
Information Commissioner within 20 days of receipt of the decision from the authority
or the date of the authority’s failure to comply with the deadline.
3
Should mediation succeed, the matter shall be deemed to have been settled.
Art. 14 Recommendation
Should mediation fail to succeed, the Federal Data Protection and Information
Commissioner shall provide the participants to the mediation proceedings with a written
recommendation within 30 days of receipt of the request for mediation.
Art. 15 Decision
1
Within ten days of receipt of the recommendation, the applicant or the person
consulted may request a decision pursuant to Article 5 of the Administrative Procedures
Act6.
2
Furthermore, the authority shall hand down a decision, where, contrary to the
recommendation, it intends to:
6 SR 172.021
152.3 Fundamental Rights
6
a. limit, defer or deny the right of access to an official document;
b. grant the right of access to an official document containing personal
information.
3
A decision shall be handed down within 20 days of the date of receipt of the
recommendation or the request for a decision pursuant to (1) above.
Art. 167
Appeal
1
Appeals proceedings shall be subject to the general provisions found in the relevant
legislation governing the Federal administration of justice.
2
The instances called upon to hear any appeals shall also have access to official
documents which are secret.
Art. 17 Fees
1
In principle, access to official documents shall be subject to payment of a fee.
2
No fee shall be charged for:
a. the processing of an application which gives rise to minimal costs;
b. mediation proceedings (Art. 13); and
c. proceedings before the first instance (Art. 15).
3
The Federal Council shall enact modalities and fee rates on the basis of the effective
costs incurred. Special provisions set out in other legisltative Acts shall be reserved.
4
Fees may, in any event, be charged for the release of reports, brochures and other
printed material and information carriers.
Section 4 Federal Data Protection and Information Commissioner
Art. 18 Duties and Competencies
The Federal Data Protection and Information Commissioner (the Commissioner)
pursuant to Article 26 of the Federal Data Protection Act8 shall, in particular, have the
following duties and competencies under the present Act:
a. Conducting mediation proceedings (Art. 13) and making a recommendation
(Art. 14), should mediation not succeed;
7 SR 172.021
8 SR 235.1
Freedom of Information Act 152.3
7
b. Providing information ex officio, or at the request of individuals or authorities,
on the modalities governing access to official documents;
c. Commenting on draft legislation and measures of the Federal Government
which have a fundamental impact on the principle of freedom of information.
Art. 19 Evaluation
1
The Commissioner shall review the execution and effectiveness of this Act and, in
particular, the costs incurred by its implementation, and shall report on a regular basis to
the Federal Council.
2
The Commissioner shall submit the first report on the implementation costs of this Act
to the Federal Council within three years of its entry into force.
3
The reports of the Commissioner shall be published.
Art. 20 Right to Information and Inspection
1
Within the context of mediation proceedings, the Commissioner shall have access to
official documents, even if same are subject to secrecy.
2
The Commissioner and his secretariat shall be subject to official secrecy to the same
extent as the authorities whose official documents they inspect or from whom they
obtain information.
Section 5 Concluding Provisions
Art. 21 Execution
The Federal Council may, in particular, enact provisions governing the:
a. processing of official documents;
b. information pertaining to official documents;
c. publication of official documents.
Art. 22 Amendments to Existing Legislation
Amendments to existing legislation shall be governed pursuant to the Annex.
Art. 23 Transitional Provisions
This Act shall apply to official documents produced or received by authorities after its
entry into force.
152.3 Fundamental Rights
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