Open Records Laws in Switzerland

Response Timeline

20 calendar days from receipt of request (Article 12). Extension of 20 additional calendar days permitted in exceptional cases involving voluminous, complex, or difficult-to-obtain documents. Further automatic extension when request concerns documents affecting third-party privacy.

How to Submit a Request

Accepted Methods

• Email — Email to the relevant federal authority
• Mail — Postal mail to the authority; some authorities require ID copy
• In person — By telephone or in-person at the authority

Requests may be made to any federal authority holding the documents. May be submitted in any of Switzerland's national languages (German, French, Italian, or Romansh). No justification or statement of interest required. Must state that request is based on BGO/FoIA. Only documents created or received after July 1, 2006 are accessible under this law.

Required Elements

• Sufficient information to identify the official document(s) requested
• Statement that request is made under the Federal Act on Freedom of Information (BGO)

Optional Elements

• Applicant name and contact information
• Copy of official identification (required by some authorities)
• Preferred language for response (German, French, Italian, or Romansh)

Fees

Access to official documents is free of charge. When processing requires more than 8 working hours, a fee of CHF 100 per working hour is charged beyond the 8-hour threshold. Applicants are informed in advance when fees will apply. Fees under CHF 100 are generally waived.

Fees under CHF 100 are waived. No specific fee waiver categories beyond this automatic threshold.

Exemptions

• Decision-Making Processes
  Disclosure would impair free opinion and will formation of authorities (Article 7)
• Administrative Effectiveness
  Disclosure would undermine effective implementation of concrete administrative measures (Article 7)
• National Security
  Access poses risks to Switzerland's internal or external security (Article 7)
• Foreign Relations
  Foreign policy interests or international relations could be compromised (Article 7)
• Federal Relations
  Relations between the federal government and cantons could be impaired (Article 7)
• Economic Interests
  Economic, monetary, or currency policy interests face potential harm (Article 7)
• Commercial Secrets
  Professional, business, or manufacturing secrets could be disclosed (Article 7)
• Third-Party Confidential Information
  Information voluntarily provided by third parties where confidentiality was assured (Article 7)
• Personal Data Protection
  Disclosure affects third-party privacy, though public interest may override this protection in specific cases (Articles 8-9)

All exemptions under BGO Articles 7-9 apply a harm-based test -- access may be restricted, postponed, or refused only when disclosure "would" cause the specified harm. Article 8 protections for personal data can be overridden by public interest considerations. The law represents a shift from a principle of secrecy to one of public accessibility for federal administration documents.

Appeal Process

Switzerland employs a unique mediation-first approach under Article 13 of the BGO. The FDPIC serves as neutral mediator, issuing non-binding recommendations to resolve disputes within 30 days (free of charge). Only if mediation fails can the requester escalate to the Federal Administrative Court, with a final appeal to the Federal Supreme Court. Loser-pays principle for court costs.

Records Retention

SR 152.1; BGA vom 26. Juni 1998 (AS 1999 2553), in Kraft seit 1. Oktober 1999

View retention law →

Sources & References

• Full text of law →
• Primary source →
• FDPIC - Freedom of Information →
• FDPIC - Mediation Proceedings →
• Federal Administrative Court →
• Wikipedia - Swiss FOI Act →