Moneyhouse.ch may publish old commercial register data
The Moneyhouse.ch website will continue to be permitted to publish all current and outdated commercial register data for an unlimited period of time. The Federal Administrative Court has dismissed a lawsuit filed by the Federal Data Protection Commissioner on this matter.
The Moneyhouse.ch website may continue to publish all current and outdated commercial register data for an unlimited period of time. The Federal Administrative Court has dismissed an appeal by the Federal Data Protection Commissioner, as reported by SDA. Since 1995, all commercial register data has been available free of charge on the Moneyhouse.ch website of the Zug-based company Itonex, including data that is no longer up to date. Last May, the Federal Data Protection Commissioner sent a recommendation to Itonex and demanded that data on connections that no longer existed be deleted.
between individuals and companies, such as the online edition of the Swiss Official Gazette of Commerce, must be removed after a three-year period. In addition, at the request of individuals or companies, all data relating to them must be deleted immediately.
After Itonex rejected the recommendation, the data protection officer brought an action before the Federal Administrative Court, which has now been dismissed by the judges in Bern. According to the ruling, the private, unlimited dissemination of outdated commercial register data is within the legal purpose. There was no violation of personality rights within the meaning of the Data Protection Act.
According to the court, Itonex was also right to refuse to comply with deletion requests from private individuals or companies. Deleting data would mean that certain entries that were still current could be considered non-existent. This lack of transparency would undermine the purpose of facilitating business transactions. The Federal Data Protection Commissioner is considering taking the matter to the Federal Supreme Court.
