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Exemption for Parliamentary Deliberations
The exemption for parliamentary deliberations is a specific factor used to limit the scope of data protection laws, typically excluding certain legislative activities from compliance requirements.
Provision
"FADP Art.2(2)(b) in Switzerland: It does not apply to:b.deliberations of the Federal Assembly and in parliamentary committees;"
Description
This applicability factor creates an exemption from data protection requirements for certain activities of a country's legislative body. The rationale behind such an exemption is likely to preserve the independence of the legislative branch and allow for free and open deliberations on matters of public policy without being constrained by data protection compliance obligations.The Swiss provision specifically excludes
"deliberations of the Federal Assembly and in parliamentary committees"
from the scope of the Federal Act on Data Protection (FADP).
Implications
This exemption has several potential implications for data processing:
- Parliamentary debates and committee discussions involving personal data are not subject to FADP requirements. For example:
- Mentioning individuals by name during floor debates
- Reviewing personal information as part of committee investigations
- Sharing constituent communications during deliberations
- Administrative activities of the parliament not directly related to deliberations may still be subject to data protection laws. This could include:
- Human resources data for parliamentary staff
- Security and access control systems for parliamentary buildings
- General correspondence and constituent services