Material Applicability

The FADP's material scope encompasses processing of data pertaining to both natural persons and legal persons by private persons and federal bodies. However, several key exemptions limit its material applicability:

Personal and Domestic Use Exemption

FADP Art.2(2)(a):

"It does not apply to: personal data that is processed by a natural person exclusively for personal use and which is not disclosed to outsiders"

This exemption applies when two cumulative conditions are met:

• Processing is done by a natural person exclusively for personal use
• Data is not disclosed to outsiders

Parliamentary Deliberations Exemption

FADP Art.2(2)(b):

"It does not apply to: deliberations of the Federal Assembly and in parliamentary committees"

This exemption covers internal workings of the legislative body, including discussions and debates within committees and assemblies.

Judicial Proceedings Exemption

FADP Art.2(2)(c):

"It does not apply to: pending civil proceedings, criminal proceedings, international mutual assistance proceedings and proceedings under constitutional or under administrative law, with the exception of administrative proceedings of first instance"

The exemption covers various legal proceedings but notably excludes first-instance administrative proceedings, which remain subject to FADP.

Public Registers Exemption

FADP Art.2(2)(d):

"It does not apply to: public registers based on private law"

This narrow exemption specifically applies to public registers established under private law, rather than all publicly available information.

Territorial Applicability

The FADP includes one specific territorial exemption:

Red Cross Exemption

FADP Art.2(2)(e):

"It does not apply to: personal data processed by the International Committee of the Red Cross"

This exemption specifically excludes ICRC's data processing activities from the FADP's scope, recognizing the organization's unique status and mandate.