The Exemption for Parliamentary Deliberations factor is used in determining the scope of applicability of the data protection law in Switzerland, specifically by excluding deliberations of the Federal Assembly and parliamentary committees from the law's application.

Text of Relevant Provisions

FADP Art.2(2)(b):

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

Original (Language):

"Es findet keine Anwendung auf:...b. Beratungen der Bundesversammlung und in parlamentarischen Kommissionen;"

Analysis of Provisions

The relevant provision, FADP Art.2(2)(b), explicitly states that the data protection law does not apply to deliberations of the Federal Assembly and in parliamentary committees. This exemption is likely included to ensure the free and uninhibited exchange of ideas and opinions within the legislative body, without the burden of data protection regulations.

The use of the phrase "deliberations of the Federal Assembly and in parliamentary committees" suggests that the exemption is intended to cover the internal workings of the legislative body, including discussions and debates that take place within committees and assemblies.

Implications

The exemption for parliamentary deliberations has implications for companies that may be involved in data processing activities related to the Federal Assembly or parliamentary committees. For example:

• Companies providing data processing services to the Federal Assembly or parliamentary committees may not be subject to the data protection law in relation to those specific activities.
• Data processing activities related to the deliberations of the Federal Assembly or parliamentary committees, such as recording and transcribing debates, may not be subject to the data protection law.

However, it is essential to note that this exemption only applies to the specific context of parliamentary deliberations and does not affect the application of the data protection law to other data processing activities.