Lost property and personal data

Lost property and personal data

"In February and May 2015, I found two iPhones in Geneva. I was told that, for this type of object, it is impossible to return them to the person who found them after a year because of the personal data contained in the devices. Is this correct?

Olivier, Geneva

Articles 720 to 722 of the Civil Code (CC) set out the rights and obligations of a person who finds a lost item, i.e. an object that can reasonably be assumed to have an owner and that the owner did not abandon it intentionally. If the person who finds the object knows its owner, he or she is obliged to inform the owner and return it to him or her. If they do not know the owner, they must try to find out and notify the police if the value of the item clearly exceeds CHF 10.

Under art. 722 para. 2 of the Swiss Civil Code (CC), when an item that has been found is returned to its owner, the person who found it is entitled, in principle, to a fair reward by way of thanks. Geneva's lost property regulations (RObjT) provide for a reward to be paid to the finder valued at 10% of the total value of the item.

These Geneva regulations stipulate that items considered of little value by the Cantonal Lost Property Department may be entrusted to the finder. The finder must make a request during the 13th and 14th months following the date of deposit, failing which the Service will dispose of it. However, it will not be acquired by the Service until 5 years have elapsed, provided that the owner has not come forward during this period. Deposits of currency in excess of CHF 1,000 and valuables are kept with the Service for 5 years and must be collected by the finder within 2 months of the expiry of this period, provided of course that the owner has not claimed them in the meantime. Lastly, art. 3 para. 6 RObjT specifies that personal and nominative items may not be returned to the person who finds them.

The Lost Property Department has rightly informed you that you will not be able to obtain the return of these iPhones despite the expiry of the waiting period. This is because the personal data they contain is strictly protected by law, even though we might wonder whether resetting these devices might not make them commonplace.