Report of the Data Protection Officer The Data Protection Officer believes that the law on public access is at risk

The Federal Data Protection Commissioner has raised concerns about the potential threats posed to public access laws, specifically highlighting how increasing exceptions to these laws could undermine transparency and trust in government institutions. The Public Access Law, which came into effect exactly twenty years ago, was designed to ensure citizens have the right to access official documents, thereby fostering an informed public and strengthening confidence in state authorities. According to Adrian Lobsiger, the Federal Data Protection and Transparency Officer, this law has been widely used by both citizens and government bodies over the past two decades. In the last year alone, more than 2000 requests were submitted to federal agencies under this law.

Lobsiger emphasized that while the principle of openness has become well-established within the federal administration, he warns of significant setbacks. He noted that the number of laws where the Public Access Law does not apply has risen to thirteen, with eleven additional exemptions currently being planned. These exclusions often pertain to areas involving substantial financial interests, such as subsidies, pandemic-related measures, and the banking sector. For instance, the new Epidemic Law proposes keeping financial aid provided to companies during pandemics confidential, citing confidentiality interests and privacy as reasons outweighing the general public's right to information.

Another example involves the Federal Office of Civil Aviation (Bazl), which seeks to keep its oversight of aviation from public scrutiny. In its message to Parliament, the Federal Council explained that this move aims to ensure the Bazl continues receiving critical safety-related information from supervised companies and private individuals without fear of disclosure. However, Lobsiger argues that the Public Access Law already includes provisions for sensitive information such as personal data and trade secrets. Under the law, access can be restricted, denied, or delayed based on specific criteria, and supervised entities like airlines have legal obligations to report incidents.

Lobsiger criticized the approach of simply excluding politically and financially significant areas from the scope of the Public Access Law, warning that doing so would reduce transparency to trivial matters like weather data. His statement reflects a call to the federal administration to be less apprehensive about public scrutiny and the rights of citizens. This concern underscores a broader debate about balancing transparency with the need to protect privacy and sensitive information.

The Public Access Law was inspired by the United States' Freedom of Information Act and Scandinavian models, reflecting a global trend towards democratic transparency. Today, open governance principles are considered essential components of modern democracies. However, the growing list of exceptions raises questions about whether the intent behind the law is being eroded. As more sectors seek exemptions, the challenge lies in maintaining a balance between ensuring public accountability and safeguarding legitimate privacy and security concerns.

The issue also highlights the tension between governmental transparency and the protection of sensitive information. While the law allows for restrictions when necessary, critics argue that the increasing number of exemptions risks undermining the very purpose of the Public Access Law. This situation calls for careful consideration of each proposed exception and a thorough evaluation of its implications for public trust and democratic values.

As discussions continue around the future of the Public Access Law, stakeholders must weigh the benefits of transparency against the necessity of protecting certain types of information. The role of the Federal Data Protection Commissioner remains crucial in advocating for a balanced approach that upholds both citizen rights and institutional integrity. With ongoing debates and evolving policies, the trajectory of the Public Access Law will likely remain a focal point in Swiss political discourse.