Ordinance on the Execution of the Federal Act on Measures to Safeguard Internal Security

1. This ordinance regulates the organization and procedure for the implementation of the Federal Act on the Protection of Internal Security (BWIS).

2. The Canton of Basel-Stadt does not operate any state security that is not based on the Federal Act (BWIS).

1. The State Protection Authority, which collaborates in the Canton of Basel-Stadt with the Federal Intelligence Service (FIS) of the Federal Department of Defense, Civil Protection, and Sports (DDPS) according to Art. 6 para. 1 of the Federal Act (BWIS), consists of

a) * the employees of a specialized unit of the criminal police (specialized unit) appointed by the Public Prosecutor's Office, and

b) * the Chief Public Prosecutor responsible for the leadership of the criminal police, who is also responsible for leading this specialized unit.

2. Members of the State Protection Authority have unrestricted access to all data collected during the execution of the Federal Act (BWIS).

1. The Government Council shall, upon the proposal of the Head of the Department of Justice and Security, appoint a supervisory body consisting of three members for a term of four years to exercise administrative oversight. Eligible individuals are those with Swiss citizenship who demonstrate personal integrity, public trustworthiness, and appropriate professional qualifications, and who have successfully passed a security check in accordance with Articles 19 et seq. of the Federal Act on Measures to Safeguard Internal Security (BWIS) prior to appointment or reappointment.

2. Incompatibility with membership in the supervisory body includes membership in

a) the Grand Council,

b) the Government Council,

c) a judicial authority involved in criminal prosecution, and

d) an authority obliged to provide information according to Article 13 of the Federal Act (BWIS).

3. The members of the supervisory body must disclose their conflicts of interest to the Government Council in analogous application of § 60 of the Court Organization Act (Gerichtsorganisationsgesetz, GOG) of June 3, 2015.

4. The supervisory body is responsible to the Head of the Department of Justice and Security as the superior authority within the meaning of Article 35 paragraph 1 V-NDB. It is bound to confidentiality.

5. The members of the supervisory body are compensated by the Government Council in accordance with the provisions of its directive of February 5, 2002, regarding the payment of session fees.

1. The additional authorities of Basel-Stadt, which fall under Article 13, Paragraph 1 of the Federal Act (BWIS), also cooperate with the FIS (Federal Intelligence Service) (Article 13, Paragraph 2 BWIS) by

a) reporting unsolicited to the FIS through the Expert Group, if they identify specific threats to internal or external security;

b) providing additional reports based on general information mandates (Article 11 BWIS);

c) submitting further reports based on an individual mandate.

2. In urgent cases and in cases provided for under federal law, the additional authorities of Basel-Stadt cooperate directly with the FIS and immediately inform the Expert Group thereof.

3. The Expert Group records the orders directed to the additional authorities of Basel-Stadt directly from the FIS and their completion by the competent authority in its business control (journal).

1. The government council determines the number of positions for the staff of the specialized group according to the needs agreed upon with the competent federal authority.

2. The staff members of the specialized group are employees of the Canton of Basel-Stadt. The federal government provides the canton with a lump-sum compensation per employee for the costs incurred by the enforcement of the federal law (BWIS) (Art. 28 BWIS).

1. The specialized group gathers information according to federal law requirements and the mandates of the FIS, conducts investigations and inquiries, and reports these findings to the FIS.

2. It observes developments within the canton and reports potential threats to internal and external security to the FIS.

3. It receives reports, evaluates them, and forwards them to the FIS based on the evaluation if they may be relevant under the Federal Act (BWIS) for ensuring internal and external security.

4. It may only gather and forward information regarding political activities, freedom of expression, association, and assembly in compliance with the specific limits set by federal law (Art. 3 BWIS).

5. It forwards information about the security situation in the canton to other cantonal authorities, especially to the Cantonal Police and the Government Council, in accordance with federal law provisions.

1. The specialist group processes data in accordance with federal legal regulations. It maintains these data separately from the remaining data of the public prosecutor's office, the cantonal police, and the administration and does not allow access to other authorities.

2. It uses the NDB's (Federal Intelligence Service) databases in accordance with federal legal provisions.

3. It maintains a transaction control (journal). In this journal, it records incoming orders and reports, sets deadlines, and registers the time and manner of completion.

4. It maintains a working database where employees process reports to be submitted in accordance with federal law.

5. It maintains in its document archives and working databases only

a) data from publicly accessible sources (Art. 14 BWIS) and

b) data that it has received from or transmitted to the NDB.

**1.** The specialized unit forwards its reports along with all relevant documentation to the Senior Prosecutor of the criminal police; the Senior Prosecutor reviews them and forwards them to the Federal Intelligence Service (NDB). Reports and documentation that are not forwarded to the NDB following the review are promptly destroyed, and the corresponding data are immediately deleted from the specialized unit's working database.

**2.** If the NDB communicates that the reports or documentation transmitted to it are not of significance, the corresponding data will be immediately deleted from the specialized unit's working database.

**3.** In the specialized unit's business control (Journal), it is promptly recorded that

a) the relevant data have been deleted from the working database, and

b) simultaneously, the associated personal data are deleted from the business control (Journal).

**4.** All other data are deleted from the specialized unit's working database after five years.

1. The data flow resulting from the implementation of the Federal Act (BWIS) within the Basel-Stadt authorities and between the Basel-Stadt authorities, particularly between the Cantonal Police and the specialist group, and between the Basel-Stadt authorities and the NDB, is governed by the four flowcharts with legend, which are attached as Appendices 1-5 and form an integral part of this regulation.

2. The specialist group records orally communicated data, which are relevant in the sense of the Federal Act (BWIS), in a memorandum.

1. The supervisory body assists the administrative oversight in all areas within the competence of the canton.

2. It particularly verifies

a) whether the cantonal administrative processes comply with the relevant legal regulations;

b) whether the State Security Agency meets data protection requirements (data security, protection of personality) and whether it processes data for safeguarding internal security separately from other police information;

c) where and how the State Security Agency obtains information; and

d) how the State Security Agency carries out the tasks assigned by the federal government. It relies on the federal government's list for this purpose.

3. It is entitled to

a) request information from the Chief Public Prosecutor or the Deputy Chief Public Prosecutor and from the members of the specialist group;

b) examine the activities of the State Security Agency based on random samples;

c) request support from the Federal Intelligence Service (NDB) and the Intelligence Supervision of the Federal Department of Defence, Civil Protection and Sport (VBS);

d) with the express consent of the NDB, inspect federal data processed by the canton on behalf of the federal government;

e) request the head of the Department of Justice and Security to appeal to the VBS in the event of disputes regarding data access (Article 35a Paragraph 3 V-NDB); and

f) while maintaining its confidentiality obligation, involve the data protection supervision (§ 13) and approach the higher authorities of administrative oversight (§ 14).

4. Should the supervisory body identify deficiencies, it advises the State Security Agency according to § 2 Paragraph 1 either on its initiative or upon request and, if necessary, reminds it of its duty of care.

5. If no agreement is reached through consultation, it is authorized, in coordination with the head of the Department of Justice and Security, to issue orders to the State Security Agency. No orders can be issued that contradict the provisions of the Federal Act on the Federal Intelligence Service (BWIS) and the Ordinance on the Federal Intelligence Service (V-NDB).

1. The specialized group reports in the annual report of the Public Prosecutor's Office for the purpose of the annual accountability report of the Government Council to all parts of the cantonal administration intended for the Grand Council about its activities, to the extent permitted by its duty of confidentiality, and submits its report to the supervisory body for information.

1. The supervisory body reports annually to the Head of the Department of Justice and Security, the Government Council, and the Grand Council about its activities and findings, insofar as its duty of confidentiality permits.

2. It submits its report to the aforementioned bodies simultaneously.

1. The Data Protection Officer of the Canton of Basel-Stadt exercises data protection oversight within the scope of her or his competencies.

1. The supervision of the Criminal Police Division is conducted by the Chief Prosecutor or Senior Prosecutor appointed as the Head of the Criminal Police, the First Prosecutor, the Head of the Department of Justice and Security, and the Government Council, each within the scope of the competencies of the aforementioned positions.

1. This regulation does not affect the supervision of the Grand Council and its Audit Commission.