From 1 June 2025, the principle of public access will apply in the Canton of Lucerne. This marks a significant step towards greater transparency and democratic oversight within the cantonal administration: citizens, journalists, and businesses will, in principle, have access to official information and documents held by the administration — without the need to demonstrate a specific interest. Lucerne is thus the last Swiss canton to implement this important reform.
What does the principle of public access mean?
The principle of public access obliges authorities to make official documents and information available upon request. Access may only be refused if there are compelling reasons — such as the protection of personal data or other legally protected interests. The burden of justification to refuse access lies with the authority. This new right strengthens transparency, democratic oversight, and the formation of public opinion in the Canton of Lucerne.
Limitations: Data Protection and Privacy
The principle of public access is limited where the protection of personal data is concerned. Personal data is protected by constitutional rights to privacy and by the Cantonal Data Protection Act (KDSG). If an official document contains personal data relating to third parties, the administration must carefully weigh the interests involved: does the public interest in transparency outweigh the private interest in confidentiality? As a rule, personal data must be anonymised. If anonymisation is not possible, either consent or a balancing of interests is required.
Practical Challenges and Anonymisation
Anonymising personal data in official documents is a complex task. Due to modern research tools and the abundance of publicly accessible data, there is a risk that seemingly anonymised information can still be linked to specific individuals. The use of identifying features such as social security numbers (AHV numbers) further complicates effective anonymisation. Administrative bodies must therefore exercise particular care to ensure that data protection and transparency are appropriately balanced.
Decentralised Implementation in the Canton of Lucerne
The legal provisions on the principle of public access and data protection are spread across various statutes in the Canton of Lucerne. Requests for access are processed in a decentralised manner by the respective administrative bodies. An interdepartmental committee is intended to ensure uniform practice. Nevertheless, it remains to be seen whether equality of treatment and data protection can be guaranteed in every individual case.
Our firm has proven expertise in administrative law, data protection, and the practical application of the principle of public access. We support citizens, businesses, journalists, and authorities with requests for access to official documents—from the initial application and the balancing of interests to representation in appeal proceedings.
Get in touch with us for an initial consultation on matters of Public Access.
