The data subject may request the FDPIC to check whether any data relating to the data subject are being processed lawfully if:
the data subject’s right to information about the exchange of data about them is restricted or deferred (Art. 19 and 20 FADP1);
the data subject’s right to information is denied, restricted or deferred (Art. 25 and 26 FADP); or
the data subject’s request for the rectification, destruction or deletion of data relating to them is partially or completely denied (Art. 41 para. 2 let. a FADP).2
Only a federal authority under the supervision of the FDPIC may be examined.
The FDPIC shall complete the verification; it shall notify the data subject that either no data relating to them have been unlawfully processed, or that it has opened an investigation pursuant to Article 49 FADP in the case of errors in the processing of personal data.3
If the FDPIC finds errors in the processing of the data, it shall order the competent federal authority to correct them.
The notification referred to in paragraph 3 shall always be worded in the same way and is not substantiated. It may not be contested.