Jusletter IT

Swiss Parliament approved a new Law on Access to Documents of the Federal Administration (Öffentlichkeitsgesetz) in 2004. The media was sceptical initially about the effectiveness of the law because there were too many exceptions and the access process was considered too long. The law set out to replace the principal of a reserved administration with only a few glimpses of openness by that of an open administration with only a few secrets. Today, it is recognised that this law, modelled after the sunshine laws in the US and in several western countries, has greatly helped Switzerland’s investigative journalism and NGO-activities.
Under the law, Federal authorities are requested to grant access to written documents in their archives whenever possible even if this requires extensive research and certain costs. If the documents involve private interests, individuals or companies have to be informed by the approached authority. And if they resist public access, a lengthy procedure follows whereby journalists can appeal to the Delegate for Data Protection and Public Access (EDOEB -Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter). The EDOEB then can either suport the negative answer or recommend granting access to the document. If access is still refused, journalists can appeal to the Federal Administrative Court, eventually even to the Swiss Supreme Court. A non-government organisation, supported by major publishing houses, helps access seekers find their way through the federal bureaucracy. In the last few years, most cantons have followed the federal example and imposed similar procedures on their own administrations.