• SWI DP published recommendations following takeover of Credit Suisse (CS) by UBS.

Main Points

• Following the takeover of Credit Suisse by UBS, several applications for access to information were submitted under the Freedom of Information Act that were refused.
• By invoking a special provision in the emergency ordinance, on which a package of measures was adopted, which excluded access under the Freedom of Information Act.
• SWI DP received mediation requests from those who did not agree with the refusal.
• SWI DP concluded that documents which were issued by or communicated to the authority after the emergency ordinance came into force were excluded from access.
• Recommended the deferral of access to documents, issued before the emergency ordinance, whose disclosure could significantly harm the free opinion-forming.
• And decision-making process of the Parliamentary Investigation Commission (PInC) Management of the Authorities–CS Emergency Merger, until completion of its work.
• Authorities didn't provide sufficiently detailed justifications for other interests invoked against granting access as required by case law, therefore access should be granted.
• If those requested mediation do not agree with SWI DP's recommendations, they may request a ruling from the GS-FDF or the SIF which can also issue a ruling ex officio.