Ordinance on Digital Mail Processing in the Cantonal Administration - Personal Scope

1. This decree applies to the public bodies participating in digital mail processing based on Article 4 of this decree, and their employees.

2. Public bodies within the meaning of this decree are

a) the government;

b) the cantonal council;

c) the departments and the state chancellery;

d) the general secretariats and offices;

e) service units administratively assigned to a department or the state chancellery.

1. Digital mail processing encompasses all mail received by the State Chancellery for public bodies participating in digital mail processing. The following are considered such mail

a) addressed to the public body;

b) addressed to the management of the public body;

c) addressed to departments and subordinate offices of the public body;

d) addressed to employees of the public body;

e) addressed to members of the government;

f) addressed to the bodies of the Cantonal Council.

1. The State Chancellery conducts digital mail processing for public authorities. This includes the sorting, opening, digitization, and delivery of mail received for public authorities, as well as the administration of physical forwarding.

2. The State Chancellery appoints a person responsible for digital mail processing. This role can also be performed by multiple individuals.

1. For participation in digital mail processing, the public authority shall issue an executive service directive. A template service directive provided by the State Chancellery shall be used.

2. In the executive service directive, the public authority may establish regulations deviating from Articles 6 and 8 of this decree, provided that

a) the particular circumstances and the tasks to be fulfilled by the public authority require it, and

b) such deviating regulations are appropriate.

3. The State Chancellery shall issue the executive service directive for the government. The Parliamentary Services shall issue the executive service directive for the Cantonal Council.

1. Additional bodies, particularly organizations with cantonal participation pursuant to [Art. 94a](https://www.gesetzessammlung.sg.ch/data/140.1/de/art94a) of the State Administration Act of June 16, 1994, may participate in digital mail processing if they enter into an agreement with the State Chancellery.

2. The agreement specifically governs the scope, procedure, responsibilities, exceptions, forwarding, and data processing. A model agreement provided by the State Chancellery is used.

1. The individual responsible for digital mail processing opens the incoming correspondence for public authorities, conducts their digitization, and initiates electronic delivery.

2. If the address on the correspondence includes a person's name, the electronic delivery is made to the named individual.

3. For correspondence without an address naming a person, the electronic delivery is made to the group mailbox designated by the public authority for this purpose. The public authority reports the details of the group mailboxes to the State Chancellery.

1. The person responsible for digital mail processing does not become aware of the content of a communication, except when it is necessary for the proper performance of their duties. In such cases, they limit their awareness to what is necessary for the fulfillment of their tasks.

2. They keep any facts learned in this context confidential.

1. The individual responsible for handling digital mail excludes the following items from digital processing before opening, based on their address or external appearance

a) Personal-confidential items according to Article 9 of this decree;

b) Offers related to public procurement under the Ordinance on Public Procurement of April 21, 1998[5].

2. After opening, they exclude additional items from digital processing due to practical reasons rendering them unsuitable for digitization. These include, in particular

a) Newspapers and magazines;

b) Special formats;

c) Oversized formats (larger than A3);

d) Spiral-bound or bound documents;

e) Extensive documentation (more than 100 pages).

3. They ensure the physical delivery of the items specified in sections 1 and 2 of this provision to the appropriate individual or department.

1. A communication is considered personal-confidential if it is apparent that it has been delivered to an individual for personal or confidential information or not in an official capacity.

2. The classification is based on the criteria in the annex to this decree.

1. The recipient verifies the jurisdiction for a received dispatch.

2. If they are not competent, they assign the dispatch to the competent person or office. If the competent person or office is unknown, they return the dispatch to the responsible party for digital mail processing.

**1. Upon initiation of the delivery of a digitized dispatch, the person responsible for digital mail processing shall retain the physical original for at least 30 days in accordance with the provisions of the Law on Record Management and Archiving dated April 19, 2011, and the Ordinance on Record Management and Archiving dated March 19, 2019. After this period, they shall ensure the confidential destruction of the physical original.**

**2. Within 30 days after initiating the delivery, the competent person or entity of the public body may request the forwarding of the physical original from the person responsible for digital mail processing.**

**3. The competent person or entity of the public body shall examine a received digitized dispatch for documents that must be retained in their original form. If a document requiring original retention is included in a dispatch, the competent person or entity of the public body shall timely request forwarding from the person responsible for digital mail processing.**

1. The State Chancellery issues implementing provisions to regulate the details of the procedure for digital mail processing, insofar as it falls within the responsibility of the person in charge of digital mail processing.

1. The State Chancellery may outsource data processing within the framework of digital mail handling to third parties. To this end, it concludes a data processing agreement that ensures compliance with the provisions of Art. 9 of the Data Protection Act of January 20, 2009, and Art. 19 of the Ordinance on Information Security of February 24, 2004.

1. Existing service instructions of public bodies concerning the pilot operation of digital mail handling shall continue to apply after the commencement of this decree, subject to paragraph 2 of this provision, unless they are repealed by the implementing service instruction of a superior public body.

2. Exceptions shall not apply beyond the pilot operation for shipments addressed to the personnel services of public bodies. Paragraph 4 of this provision remains reserved.

3. Existing service instructions under paragraph 1 of this provision shall replace for public bodies of the previous pilot operation the implementing service instructions intended for participation in digital mail handling.

4. Existing service instructions under paragraph 1 of this provision may be adjusted to changed circumstances by the competent public body, subject to the proper application of Article 4 paragraph 2 of this decree.