Rejection of an heir's claim for access to the OASIA files of her deceased parents

Facts

A., a Swiss-Italian dual citizen, requested that the Swiss Compensation Office (SCO) provide her with extracts from the individual account and statements on the pension payments of her deceased parents B. and C. The SCO rejected the request, whereupon A. filed a complaint. The Social Insurance Court of the Canton of Zurich dismissed the complaint. A. then filed a public law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the right of access to files under Art. 47 para. 1 lit. a GSSLA is part of the right to be heard, but is not inheritable as such. Rather, it accrues to the heirs only accessorily to the legal positions that have passed on to them, which are not apparent in the present case.

The right to information under data protection law pursuant to Art. 8 FADP also does not pass on to the heirs. Since the request of the appellant is solely based on the…