Answer ... (a) Data processing
Any operation with personal data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of data.
(b) Data processor
The DPA does not explicitly use this term and accordingly, there is no statutory definition. The Federal Data Protection and Information Commissioner (FDPIC) defines a ‘data processor’ or ‘data importer’ as a natural or legal person, public authority, agency or any other body (established in another country) that agrees to receive personal data from the ‘data exporter’/‘data controller’ for the purpose of processing such data on behalf of the latter after the transfer in accordance with its instructions.
(c) Data controller
The DPA does not explicitly use this term and accordingly, there is no statutory definition. The FDPIC defines a ‘data controller’ or ‘data exporter’ as a natural or legal person, public authority, agency or any other body established in Switzerland which, individually or together with others, determines the purpose and means of the processing of personal data and which transfers such data for the purpose of its processing on their behalf.
(d) Data subject
A natural or legal persons whose data is processed.
(e) Personal data
All information relating to an identified or identifiable person.
(f) Sensitive personal data
Data relating to:
- religious, ideological, political or trade union-related views or activities;
- health, one’s intimate life or racial origin;
- social security measures; and
- administrative or criminal proceedings and sanctions.
Consent must be given voluntarily, based on the provision of adequate information. Additionally, consent must be given expressly in the case of processing of sensitive personal data or personality profiles
Answer ... ‘Personality profile’: A collection of data that permits the assessment of essential characteristics of the personality of a natural person.
‘Data file’: Any set of personal data that is structured in such a way that the data is accessible by the data subject.