Geoinformation Act (kGeoIG) - Purpose (KGEOIG)

1. This Act governs the implementation of the Federal Act on Geoinformation (GeoIG) and the collection and use of basic geospatial data of the canton, the municipalities, and other public-law entities, as well as the operation of the geoinformation system.

1. The Canton establishes an electronic geoinformation system for the execution of geoinformation law, wherein the base geodata of the Confederation, the Canton, and the municipalities, as well as other geodata, can be accessed or downloaded in electronic form.

1. The Government Council regulates the organization and operation of the geoinformation system.

2. Subject to its financial authority, it may delegate the execution of tasks related to geoinformation law to third parties or collaborate with other cantons.

1. The government council determines under which conditions geoinformation of general interest can be incorporated into the geoinformation system by private individuals and third parties.

2. There is no legal entitlement to the inclusion of geodata in the geoinformation system.

3. Unlawful, privacy-infringing, immoral, or excessively burdensome data on the information system from private individuals and third parties will be deleted from the geoinformation system without compensation.

1. The canton and the municipalities may publish geobase data that must be made known to the public in the geoinformation system. The publication is for informational purposes only.

2. The legislation may provide that the publication of geobase data in the geoinformation system has the effect of an official publication.

1. The provisions regarding municipalities and municipal geospatial data apply mutatis mutandis to other public law corporations and cooperatives, as well as special-purpose associations.

2. Insofar as the fulfillment of statutory tasks has been delegated to public law or private law organizations, the Government Council or the municipal community can oblige them to incorporate their geospatial data into the geoinformation system.

1. Prior to the issuance of implementing provisions for this law, which concern the jurisdiction and interests of the municipalities, the government council shall ensure the participation of the municipalities.

1. The Office of Economic Affairs executes the geoinformation legislation of the federation and the canton, insofar as no other enforcement authority or office is designated or third parties are commissioned with it.

2. The Office of Economic Affairs or an assigned coordination office supports and advises the cantonal administration. The government council regulates the specific tasks of the coordination office.

1. The Department of Economic Affairs exercises supervision over the implementation of geoinformation law.

2. A private legal entity entrusted with the implementation is under the supervision of the canton. The government council regulates the rights and obligations of the entity in an agreement.

1. To the extent that cantonal geoinformation law does not contain any provisions, the regulations of the Federal Act on Geoinformation and its implementing decrees shall apply mutatis mutandis, in particular Article 17 and Article 20 of the GeoIG and Article 33 and Article 51 of the Ordinance on Geoinformation (GeoIV).

1. The Cantonal Council regulates the official surveying and the geographical names in an implementing ordinance.

1. The Government Council

a. establishes a catalog for the geospatial base data of cantonal law and specifies the corresponding access types and authorizations;

b. designates the authority responsible for the collection, updating, and management of the geospatial base data of federal and cantonal law, insofar as this is not determined by legislation;

c. issues regulations - in alignment with federal regulations - regarding the qualitative and technical requirements of the geospatial base and geometadata of cantonal and municipal law and other geodata;

d. determines which authority decides on granting access; it may also delegate this task to a private entity while maintaining legal protection;

e. designates the authorities responsible for archiving and historicizing; it may establish minimum requirements for archiving and historicizing;

f. is responsible for concluding the agreement between the Confederation and the Canton regarding the modalities and the calculation of compensatory payments.

2. The Municipal Council may analogously create a geospatial base data catalog for municipal law.

1. The authorities are required to report changes and additions to the geospatial data catalog to the competent authority.

1. The Government Council

a. determines which geobase data of cantonal law are subject to the cantonal cadastre of public-law restrictions on property ownership;

b. designates the authority responsible for the cadastre;

c. designates the offices that prepare and certify extracts; it may also delegate this task to a private entity;

d. regulates the procedure for the incorporation and updating of data in the cadastre of public-law restrictions on property ownership;

e. designates the offices within the canton and municipalities where the cadastre of public-law restrictions on property ownership can be consulted free of charge.

2. The resident municipalities may designate additional geobase data of municipal law analogously as subject to the cadastre of public-law restrictions on property ownership of municipal law.

1. Liability towards bona fide third parties for maintaining the cadastre is governed by federal legal provisions.

2. The canton is entitled to a right of recourse against the data suppliers insofar as the damage was caused by incorrect or delayed data delivery.

3. A private legal entity entrusted with the execution of this law is liable to the canton and the municipalities for the damage incurred, insofar as it acts culpably.

1. The canton bears the costs for the establishment of the geoinformation system.

2. The costs for the processing, updating, historicizing, and archiving of geobase data, geometadata, and the data from the cadastre of public-law restrictions on property ownership are borne by the community or the organization responsible for the respective data.

3. Third parties bear the full costs for the inclusion of their geodata in the geoinformation system.

4. The government council enters into program agreements with the federal government regarding the financing of the cadastre of public-law restrictions on property ownership.

1. The Executive Council sets the fees for the access to and utilization of geospatial base data for the canton and the municipalities, in accordance with the principles of Article 15, paragraphs 2 and 3 of the GeoIG and Articles 44 to 47 of the GeoIV.

2. Cantonal authorities, municipalities, and third parties fulfilling public duties are exempt from this fee.

1. The Council of Ministers may allocate funds for education and research as part of the state budget.

1. Publicly accessible geospatial base data may be commercially offered by the canton and municipalities in accordance with the principles of Art. 19 GeoIG.

1. Data protection is governed, subject to federal legal provisions, by the regulations of the Data Protection Act.

2. The Department of Economic Affairs may issue directives to protect personal rights and other rights within the geoinformation system.

3. Anyone whose personal rights have been violated can demand the deletion or anonymization of data from the authority responsible for managing the geobase data, provided this does not conflict with the objectives of geoinformation law.

1. The government council regulates legal protection insofar as sovereign powers are delegated to third parties.

2. Appeals against final instance administrative decisions can be lodged with the administrative court.

1. The Government Council enacts the implementing provisions necessary for execution. In particular, it issues regulations on

a. the organization and operation of the geoinformation system (Art. 3, 9, and 12);

b. the integration of third-party geodata into the geoinformation system (Art. 4);

c. the tasks of the coordination office (Art. 8 Para. 2);

d. the catalog of fundamental geodata under cantonal law and the implementation of federal law (Art. 12);

e. the cadaster of public-law restrictions on property rights under cantonal and municipal law and the implementation of federal law (Art. 14);

f. the fees (Art. 17);

g. the responsibilities and legal protection (Art. 3, 12, 14, 20, and 21).

2. The Government Council reviews the necessity, appropriateness, effectiveness, and efficiency of the cantonal catalog of fundamental geodata and the cantonal cadaster of public-law property restrictions after the completion of the evaluation phase according to Art. 43 Para. 1 GeoIG. It makes a proposal to the Cantonal Council for the continuation, expansion, and reduction of the cantonal catalog of fundamental geodata and the cantonal cadaster of public-law property restrictions.

1. The amendment of existing law is regulated in the appendix.

1. Repealed are

a. the resolution of the government council regarding the official spelling of local names from January 12, 1952[11];

b. the implementation provisions concerning the collection and spelling of local names from July 5, 1983[12].

1. The Government Council determines when this law comes into force. It is subject to an optional referendum.