Facts
A. suffered a traffic accident on March 4, 1994 and subsequently claimed insurance benefits from the Swiss Accident Insurance Institution (SUVA). In the course of the insurance-related clarifications, the legal representative of A. requested the files to be delivered, whereupon SUVA refused to release the internal files.
A. then filed a complaint with the Federal Data Protection Commission (EDSK), which however dismissed the complaint. Against the decision of the EDSK, A. filed an administrative court appeal, which was partially upheld by the Federal Supreme Court.
Considerations
The Federal Supreme Court first established that the right to information under data protection law pursuant to Art. 8 DPA and the procedural right to inspect files pursuant to Art. 4 FC are not congruent. The right to information under Art. 8 DPA also extends to internal files in an administrative procedure.
Although the information may be restricted pursuant to Art. 9 para. 1 and 2 DPA in certain cases in order to protect the formation of opinions within the administration, this is…