Data Protection Quiz - FADP Regulations

The legal framework governing the possession and control of digital information, addressing issues like ownership, copyright, and unfair competition.

The prevailing legal doctrine argues that data cannot be considered "objects" in the traditional sense, meaning traditional ownership rights under civil law do not apply to data.

The concept of protecting data under the legal framework of copyright law. Data might be considered a "work" but there are significant hurdles due to the nature of data.

A specific legal right granted to databases that are not protected by copyright. It allows database creators to protect their work from unauthorized copying or extraction of their content.

Legal protection for databases based on unfair competition laws, which prohibit exploiting another's work without reasonable effort. This protection is often difficult to apply in the context of data.

The process of extending traditional legal concepts of ownership to digital data. This is a complex and ongoing legal debate.

A proposed new set of laws specifically designed to regulate and protect digital data. This "lex-data" would address the unique challenges of managing and protecting data in the digital age.

The ability to control and access data, including using, manipulating, and deleting it. This is often secured through contractual arrangements.

Raw, unorganized facts, the basic building blocks of information. Think of it as 'something given' – the primary ingredients before we make anything meaningful.

Data that has been processed, organized, structured, or presented in a specific context to make it meaningful. It provides context and makes data useful.

Any information relating to an identified or identifiable natural person. It can be name, address, email, or even online activity.

Personal data that reveals sensitive information like race, religion, political opinions, or health data. Requires additional protection.

The person whose personal data is being processed. It's the individual at the heart of data protection.

Any operation performed on personal data, such as collecting, recording, organizing, storing, using, or deleting data. In simpler terms, it's how we handle personal data.

A type of processing personal data that automatically analyzes an individual's behaviour, preferences, locations, or other characteristics, to predict or infer certain aspects about them. This is done using algorithms.

The EU's broad definition of 'establishment' covers any location, whether physical or online, where a company is actively processing data within the EU, irrespective of where the data is stored.

The law applicable to a personal injury claim can be determined based on the habitual residence of the injured party, the establishment or habitual residence of the tortfeasor, or the state where the injury occurred, provided the tortfeasor could anticipate the harm happening in that specific state.

This right guarantees protection for personal and family matters, including home life, correspondence, and communication.

The Federal Act on Data Protection (FADP) applies to the processing of personal data by both private individuals and federal bodies, ensuring protection and regulation of data handling.

The FADP defines a "federal body" as an authority or service belonging to the Confederation or an individual carrying out public tasks on behalf of the Confederation.

When a federal body engages in private law activities, the provisions governing data processing by private individuals apply instead of those for federal bodies.

Cantonal Data Protection Laws apply to public cantonal authorities but may be superseded by federal law, such as the FADP, in certain situations.

The EU General Data Protection Regulation (GDPR) can apply to Swiss entities, including those operating within the EU, ensuring consistency in data protection across borders.

This case, along with the "SwissPass" case, provides crucial judicial guidance on applying Switzerland's data protection laws, particularly in cases involving public bodies and private law activities.

The right to receive information about your personal data held by an organization.

The organization responsible for handling and protecting your personal data. For example, your bank or university.

The deadline for a data controller to respond to a request for information about your personal data is usually within 30 days.

The right to information about your personal data may be limited if it is suspected that a request is an 'abuse of rights' or 'obviously unjustified'.

The person whose personal data is being processed or accessed.

A legal framework that establishes rules for how personal data can be collected, stored, and used. It aims to protect individual privacy and control over their personal information.

A specific type of data protection law applicable to public bodies, organizations, and authorities. It specifically addresses how these entities should handle personal data while performing their public duties.

When a public body engages in activities that are typically associated with the private sector, such as participating in commercial markets or providing services similar to private companies.

The principle of ensuring that any processing of personal data is necessary, appropriate, and not excessive for the intended purpose. It promotes a balanced approach to protecting privacy while allowing for legitimate data use.

A data protection law that applies generally to both private and public entities. It sets the basic framework for handling personal data.

A scenario where a public body applies general data protection principles (from the FADP) to their activities, even though the cantonal law may have specific exemptions. This usually happens when the public body is acting in a commercial capacity.

The practice of measuring water consumption using devices that automatically collect and transmit data. This involves transmitting measured water usage to a central location for analysis and billing.

The process by which a public body actively gathers, stores, and uses personal data. This can involve collecting, storing, analyzing, and transmitting information about individuals.

The right to access and request a copy of personal data being held about you, as well as to receive a portable and readable version of that data. This empowers you to control your information.

The right to rectify inaccurate or incomplete personal data. This ensures your data is accurate and up-to-date.

The right to have personal data deleted under certain conditions, such as when it's no longer necessary or its processing is unlawful.

The right to restrict the processing of personal data in specific circumstances, such as while the accuracy of the data is being verified.

The right to object to the processing of data based on legitimate interests or for direct marketing purposes.

The right to receive personal data in a portable and readable format, allowing you to transfer it to another controller.

The right to not be subject to a decision based solely on automated processing, especially if it produces legal or significant effects.