Without great effort it is possible, using the technologies existing today, to collect, arrange and disseminate personal data. Not only on the Internet, but also in enterprises and administrations, enormous amounts of data are generated, which call for a specific evaluation. The intent of such data mining is to detect rules and patterns and statistical singularities. Such collected data allow for the evaluation of habit patterns, purchase behaviours or customer profiles. Thus new information about persons is created, which did not exist yet at all before the evaluation. The value of this produced personal data may be very significant for enterprises, which intend to provide their customers with individually adapted advertising messages, purchase recommendations or the like.

The protection of the personality of the persons concerned faces the economic interests of these enterprises. In accordance with valid law (data protection act [DSG] and data protection ordinance [VDSG]), personal data may only be edited, if such data were rightfully procured, the processing is carried out in good faith and is proportionally.

Personal data may be edited only for the purpose, which was indicated for the procurement, arises from the circumstances or was legally intended. Whoever edits personal data, has to ascertain its accuracy. Further, personal data must be protected by appropriate technical and organizational measures from unauthorized editing.

The rights of the persons concerned must remain protected. Each person may require in principle from the owner of a data collection to inform him, whether data about him/her are edited, has a right to correction, and may require the blockage and/or deletion of the personal data. Without consent or legally foreseen justification, personal data, which particularly is worth for protection, may not be disclosed to third parties.

Personal data may not be disclosed abroad, if thereby the personality of the persons concerned were seriously endangered, in particular, because a data protection is missing, which is equivalent to the data protection in Switzerland. Who wants to transmit data collections abroad, must announce this intention beforehand to the assigned Federal Data Protection and Publicity Representative, should no legal obligation exist for such disclosure and the persons concerned have no knowledge therefrom.

The principle applies that the person concerned may forbid the data processing completely, if no justification (predominant private or public interest law) exists.