Freedom of information in Switzerland
Switzerland gives the public a legal right to see documents held by its federal administration. That right rests on the Federal Act on Freedom of Information in the Administration, usually called the Freedom of Information Act, which came into force in 2006. The Act introduced a presumption of openness: official documents produced or received by the federal authorities are, in principle, accessible unless a specific exemption applies. This reversed the earlier position, under which administrative records were treated as confidential by default.
Because Switzerland is not a member of the European Union, EU access-to-documents rules do not apply to its authorities; requests to Swiss federal bodies are governed by Swiss law.
Who can request documents, and how
Any person may ask for access to official documents held by the federal administration, and there is no need to show a particular interest or give a reason. A request is made to the authority that produced the document or that principally holds it. The authority may charge a fee for processing a request, although routine or minor cases are often handled without charge.
- Scope. The Act covers the federal administration — the departments and federal offices — rather than the cantons.
- Exemptions. Access can be limited or refused to protect interests such as internal decision-making, national security, foreign relations and the privacy of individuals.
- Personal data. Requests that touch on personal information are assessed alongside data-protection rules.
The role of the Federal Data Protection and Information Commissioner
If an authority refuses access, or the applicant disagrees with how a request has been handled, the matter can be taken to the Federal Data Protection and Information Commissioner, who acts as a mediator. The Commissioner seeks a settlement between the applicant and the authority; where no agreement is reached, the Commissioner issues a recommendation. The authority then makes a formal, appealable decision, which can be challenged before the Federal Administrative Court. This mediation stage is a distinctive feature of the Swiss system, intended to resolve disputes before they reach the courts.
Cantonal transparency laws
The federal Act applies only to federal bodies. Many Swiss cantons have adopted their own transparency or public-information laws covering cantonal and communal authorities, and these differ from one another in scope and procedure. A request about a matter handled at cantonal level is therefore governed by that canton's rules rather than the federal Act.
Frequently asked questions
When did Switzerland's Freedom of Information Act take effect?
The Federal Act on Freedom of Information in the Administration came into force in 2006, establishing a presumption that documents held by the federal administration are accessible to the public.
Do I need to give a reason to request a document?
No. Any person can request access to official documents of the federal administration without showing an interest or explaining why the document is wanted, though a fee may apply.
What happens if access is refused?
The applicant can ask the Federal Data Protection and Information Commissioner to mediate. If mediation fails, the Commissioner issues a recommendation, the authority makes a formal decision, and that decision can be appealed to the Federal Administrative Court. For the wider context, see the guide on how to use European freedom of information laws.
Does the federal Act cover the cantons?
No. The federal Freedom of Information Act applies to the federal administration only. Many cantons have their own transparency or public-information laws for cantonal and communal authorities, and these differ in scope and procedure.