Commentaries: Art. 5

The Federal Council shall commission the required surveys. In doing so, it may provide for hybrid direct and indirect surveys.
It may delegate the authority to a department, a group or an office to commission:
1. ¹ surveys that do not include the collection of any personal data or data relating to legal entities;
2. surveys with no disclosure obligation relating to a small group of companies and businesses under private and public law;
3. one-off surveys that relate to a small group of persons.
The federal institutions for research promotion and research centres subject to this Act may instruct surveys with no disclosure obligation that are one-off or limited in time.
Other organisations governed by this Act in accordance with Article 2 paragraphs 2 or 3 have the autonomous power to instruct:
1. ² surveys that do not include the collection of any personal data or data relating to legal entities;
2. surveys with no disclosure obligation relating to natural persons and legal entities under private and public law that work with the organisation in order to fulfil its other duties;
3. surveys with the disclosure obligation if this is provided for by another act.
Surveys for the purpose of testing methodology may be conducted without special instruction, provided there is no disclosure obligation.

Amended by Annex I No II 35 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩
Amended by Annex I No II 35 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491;BBl 2017 6941). ↩

Art. 5