Statement of the FDPIC concerning consultation 2025/99: partial revision of the Telecommunications Act (TCA) regarding mobile telephony
On December 12, 2025, the Federal Council has ordered the Federal Department of the Environment, Transport, Energy and Communications (DETEC) to initiate the consultation procedure concerning the partial revision of the Telecommunications Act (TCA). This revision aims to improve mobile telephony coverage in Switzerland.
In principle, the Federal Data Protection and Information Commissioner (FDPIC) needs to be consulted as part of the office consultations whenever a draft act concerns data protection or freedom of information. The present draft of the TCA contains in its art. 24f, para. 3 a special provision within the meaning of art. 4 let. b of the Federal Act on Freedom of Information in the Administration (Freedom of Information Act, FoIA, CC 152.3). However, the FDPIC has not been consulted in the present case. Art. 24f, para. 3 TCA reads as follows:
"3 Regarding mobile telephony installations that have been reported to OFCOM according to article 59 as well as federal environmental protection law regarding the protection against non-ionizing radiation, OFCOM grants access to the data of such telephony installations. Access is denied if it compromises Switzerland’s internal or external security."
Since the FDPIC has not been included in the office consultations, he has stated his position during the consultation procedure, according to which the last phrase of art. 24f, para. 3 TCA should be deleted. In light of the case law of the Federal Administrative Court, the FDPIC doubts that access can be denied or restricted on this basis. Furthermore, the FDPIC has issued his statements regarding certain extracts in the explanatory report which, in his opinion, do not comply with the principle of freedom of information. Finally, taking into account the comments contained in the explanatory report—particularly those regarding the intention to promote transparency and facilitate access—the FDPIC proposed introducing a provision that provides for the active publication of information.