12 September 2024

Fishing Expeditions by Means of Data Protection Requests for Information?

  • Articles
  • Legal
  • Data / Technology / IP
  • Litigation / Arbitration

Requests for information under data protection law are often used to obtain evidence - but misuse for this purpose is considered an abuse of rights.

  • Noëlle Glaus

    Legal Associate
  • Philipp Stadler

    Senior Legal Associate

In the digital age, vast amounts of data are collected, and many people no longer know who is processing their data. The right to access, under Swiss data protection law, allows individuals to obtain information about their stored data to verify its accuracy and request corrections or deletions if necessary. However, this right can be abused, particularly when used to prepare for civil litigation. The courts emphasize that the right to access should not be used as a tool for gathering evidence in legal disputes. Caution is therefore advised for both applicants and data controllers.

 

To the German article