The FIS may disclose personal data or lists of personal data to foreign countries. It shall verify before any disclosure whether the legal requirements for disclosure are met.
If the legislation of the receiving state does not guarantee appropriate data protection, the personal data may be disclosed to this state in derogation from Article 16 paragraph 1 of the Data Protection Act of 25 September 20201on (FADP) only if Switzerland maintains diplomatic relations with that state and one of the following requirements is met:2
Switzerland is required by law or by an international agreement to disclose the personal data to the state.
Disclosure is required to safeguard an overriding public security interest in Switzerland or in the receiving state such as preventing a serious criminal offence which is also a serious offence in Switzerland or bringing its perpetrators to justice.
It is necessary in order to justify a request for information from Switzerland.
It is in the interest of the person concerned and this person has already consented to disclosure or his or her consent may be clearly assumed in the circumstances.
It is necessary in order to protect the life and limb of third parties.
The FIS may in specific cases disclose personal data to states with which Switzerland maintains diplomatic relations if the requesting state provides a written assurance that it has the consent of the person concerned, and the requesting state will as a result be able to assess whether the person concerned can participate in classified projects carried out by that foreign state in relation to internal or external security or have access to classified information, materials or facilities of that foreign state.
It may disclose personal data online to foreign security agencies whose states guarantee an appropriate standard of data protection and with which Switzerland has concluded an agreement in accordance with Article 70 paragraph 3.
Personal data may not be disclosed to a foreign security agency if the person concerned will be exposed to the risk of being punished twice or of serious harm to his or her life, limb or freedom in terms of the Convention of 4 November 19503on the Protection of Human Rights and Fundamental Freedoms or other international agreements that Switzerland has ratified.
If the personal data is required in legal proceedings, the relevant provisions on mutual assistance apply.