Commentaries: Art. 11c

Any person may request information on whether Switzerland has received a request from a foreign state to make an arrest for the purpose of extradition. This right may be asserted at the FOJ. If the request is made to a different authority, that authority shall forward the request immediately to the FOJ.
If a person requests information on whether the FOJ has received a request to make an arrest for the purpose of extradition, the FOJ shall notify the person that no data about them has been unlawfully processed and that the person can request the Federal Data Protection and Information Commissioner (the FDPIC) to enquire as to whether any data on them has been lawfully processed.¹
The FDPIC shall conduct the enquiries; he shall notify the person concerned either that no data about them has been unlawfully processed or that he has opened an investigation under Article 49 of the Data Protection Act of 25 September 2020²in the case of errors in the processing of personal data.³
If the FDPIC identifies errors in the data processing, he shall order the FOJ to rectify the same.⁴
The notifications under paragraphs 2 and 3 shall always be worded in the same way and shall not mention the grounds.
The notification under paragraph 3 may not be contested.
In derogation from paragraph 2, the FOJ is entitled to provide the person concerned with the requested information if the requesting state gives its advance consent.

Amended by Annex 1 No II 29 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩
SR 235.1 ↩
Amended by Annex 1 No II 29 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩
Amended by Annex 1 No II 29 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩

Art. 11c