Questione giuridica chiave
Whether the administrative-investigation file was subject to the Federal Data Protection Act and whether prior recourse to the data protection authority was required.
Decisione estratta
The investigation files were not a data set within the meaning of the Act; therefore the data-protection access regime did not apply and no prior complaint to the Data Protection Commission was required.
Motivazione estratta
The investigation was not person-centered or retrievable by persons; it examined events and irregularities. General data-protection rules applied only insofar as personal data were processed, but Article 8 DSG required a data set, which was absent.