Commentaries: Art. 10

In the case of data collected in the course of criminal proceedings or in connection with the execution of a request for mutual legal assistance:
1. the right to inspect case documents and the right to information in pending proceedings is governed by the applicable procedural law;
2. ¹ the right to information after the conclusion of the proceedings is governed by the Data Protection Act of 25 September 2020²(FADP) if a federal authority is dealing with the request for mutual legal assistance, or by cantonal law if a cantonal authority is dealing with it.
The right to information on the data collected in the search for missing persons or tracing convicted persons is governed by the FADP if a federal authority is responsible for the search or for tracing, or by cantonal law if a cantonal authority is responsible for it. Article 279 CrimPC³appliesmutatis mutandis .
^bisThe right to information on the data collected in implementing the IntelSA⁴is governed by the IntelSA.⁵ 2ter. The right to information about data that is collected in the course of mobile phone localisation in accordance with Article 23q paragraph 3 ISA⁶is governed by the FDAP where a federal authority is dealing with the surveillance, or by cantonal law where a cantonal authority is dealing with it.⁷
The person affected by surveillance may assert his or her rights against the authority responsible for the proceedings or, if there is no authority that is still responsible for the proceedings, against the last authority responsible. The Service is not responsible for providing the information.
The Federal Council shall regulate the manner in which these rights are granted. In doing so, it shall guarantee the rights of the parties concerned, in particular in cases where making copies of the case files is impossible or only possible with disproportionate effort.

Amended by Annex 1 No II 66 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩
SR 235.1 ↩
SR 312.0 ↩
SR 121 ↩
See Art. 46 No 1. ↩
SR 120 ↩
Inserted by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300;BBl 2019 4751). ↩

Art. 10

Footnotes