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Art. 12b

152.31FoIOFederal Council OrdinanceJul 1, 2006Original source

(Art. 13 and 20 FoIA)

  1. As soon as a request for mediation is submitted, the FDPIC shall inform the authority and allow it a period within which to:1
    1. supplement the justification given for its decision if necessary;
    2. 2 provide the FDPIC with the required documents;
    3. 3 provide the FDPIC with the name of its representative in the mediation proceedings.
  2. The parties are obliged:
    1. to assist in ensuring compliance with the deadline within which the mediation proceedings must take place;
    2. to cooperate in seeking a settlement;
    3. to participate in the mediation hearing; the authority shall participate in the mediation hearing through the person appointed to represent it.
  3. If the applicant fails to participate in the mediation hearing, the request for mediation shall be deemed to have been withdrawn and the mediation proceedings shall be dismissed.4
  4. If the parties refuse to cooperate in seeking a settlement or if they improperly delay the mediation proceedings, the FDPIC may rule that the mediation has failed.5

Footnotes

  1. Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).

  2. Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).

  3. Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).

  4. Amended by No I of the O of 29 Sept. 2023, in force since 1 Nov. 2023 (AS 2023 585).

  5. Amended by Annex 2 No II 13 of the Data Protection Ordinance of 31 Aug. 2022, in force since 1 Sept. 2023 (AS 2022 568).

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