The Right of Access to Official Documents in Switzerland
The Federal Act on Freedom of Information (LTrans) of 17 December 2004 brought about a fundamental paradigm shift in relations between the administration and citizens: the former principle of administrative secrecy (documents are secret unless otherwise provided) was replaced by the principle of transparency (documents are accessible unless legally excepted). This right can be exercised by any person, without justification. PBM Avocats helps you exercise this right in Geneva and Lausanne.
Scope of LTrans
LTrans applies to federal authorities subject to the Government and Administration Organisation Act (GAOA):
- Federal departments and their administrative units (SECO, FTA, FSVO, FOAG, etc.)
- The Federal Chancellery
- Public law institutions and organisations when they issue decisions (SBB, Swiss Post, FINMA in certain cases)
- Cantons when applying federal law (within certain limits)
LTrans does not apply to the Federal Supreme Court, the Federal Criminal Court, or the Federal Administrative Court (which have their own publicity rules), nor to government acts of the Federal Council.
Accessible Documents and Exceptions
| Accessible Documents | Excluded or Limited Documents |
|---|---|
| Official reports, studies and analyses | Documents relating to Switzerland's internal or external security |
| Official correspondence received or issued | Personal data of third parties (FADP protection) |
| Administrative decisions | Trade secrets and confidential information of third parties |
| Minutes of official meetings | Documents from ongoing criminal investigations |
| Contracts between authorities and third parties (principally) | Internal working notes and drafts |
The LTrans Access Request Procedure
- Step 1 — Request to the authority: submit a written request to the competent federal authority, sufficiently describing the documents sought. No justification is required
- Step 2 — Authority's response: 20-day deadline (extendable to a maximum of 40 days). The authority may grant access, limit it, defer it or refuse it
- Step 3 — FDPIC Mediation: if the decision is unsatisfactory, request free mediation from the Federal Data Protection and Information Commissioner (FDPIC). Deadline: 20 days
- Step 4 — FAC Appeal: if mediation fails, appeal to the Federal Administrative Court within 30 days
- Step 5 — Federal Supreme Court: appeal to the Federal Supreme Court as a last resort
Transparency in French-Speaking Cantons
In Geneva, the LIPAD (Law on Public Information, Access to Documents and the Protection of Personal Data) guarantees a right of access to documents of cantonal and municipal authorities in Geneva. The Geneva Cantonal Commissioner for Data Protection and Transparency (PPDT) is the mediation authority.
In Vaud, the LACD (Law on Access to Documents) applies to documents of Vaud authorities. The Vaud Cantonal Commissioner is the mediation body.
Transparency and Practical Interest
The right of access to official documents has practical interest in many contexts:
- Verifying the factual basis of an administrative decision concerning you
- Obtaining information on public contracts or procurement procedures
- Investigative journalism and academic research
- Citizens' oversight of administrative activities
- Preparing judicial or administrative proceedings by obtaining relevant documents
What is the FOIA (LTrans) and who can benefit from it?
The Federal Act on Freedom of Information in Public Administration (LTrans) of 17 December 2004, in force since 2006, guarantees any person (natural or legal, Swiss or foreign, without having to justify a particular interest) the right to access official documents of federal authorities. This principle of transparency was a revolution compared to the former principle of administrative secrecy.
What documents can be requested under LTrans?
Any document produced or received by a federal authority after LTrans came into force (2006) can be requested: reports, correspondence, decisions, minutes, studies. Personal documents (working notes, drafts) and those protected by other laws (tax secrecy, personal data of third parties) are excluded or partially accessible.
How do you file an access request under LTrans?
The request may be submitted in writing (paper or email) to the competent federal authority, sufficiently describing the documents sought. No justification is required. The authority must respond within 20 days (extendable to 40 days). If the request is refused or partially granted, you may request free mediation from the Federal Data Protection and Information Commissioner (FDPIC).
Does LTrans apply to cantons?
Not directly. LTrans applies only to federal authorities. However, many cantons have adopted their own laws on transparency or access to official documents. Geneva has the LIPAD (art. 24 et seq.) and Vaud has the LACD (Law on Access to Documents). These cantonal laws have a similar scope but different procedural arrangements.
What should I do if the authority refuses to provide a document?
In the event of a total or partial refusal, you can: (1) request free mediation from the FDPIC (for federal authorities); (2) if mediation fails, appeal to the Federal Administrative Court (FAC) within 30 days; (3) exceptions to the right of access (national security, commercial secrecy, personal data of third parties) must be precisely justified by the authority.