Commentaries: Art. 33

Before consulting the administrative units with an interest, the federal body responsible for the pilot trial shall explain how it planned to comply with the requirements under Article 35 FADP, and invite the FDPIC to provide its opinion.
The FDPIC shall provide its opinion on whether the authorisation requirements under Article 35 FADP are met. The federal body shall provide it with all the documents required to do this, and in particular:
1. a general description of the pilot trial;
2. a report that demonstrates that fulfilling the statutory tasks requires processing under Article 34 paragraph 2 FADP and that a test phase before the act formally comes into force is essential;
3. a description of the internal organisational structure and the data processing and control procedures;
4. a description of the security and data protection measures;
5. the draft of an ordinance that regulates the details of the processing, or the plan for an ordinance;
6. the plans for the various phases of the pilot trial.
The FDPIC may request further documents and conduct additional enquiries.
The federal body shall inform the FDPIC of any significant change that affects compliance the requirements of Article 35 FADP. The FDPIC shall again provide its opinion if required.
The FDPIC’s opinion shall be included with the application to the Federal Council.
Automated data processing shall be regulated in an ordinance.