Ordinance on the Electronic Processing of Police Data Collections - Scope

1. This regulation governs the electronic processing of police data collections by the cantonal police.

1. The following data shall be processed independently of individual cases in an electronic database

a) Personal and factual data of the criminal police;

b) The hotel control;

c) The firearms registry;

d) The register of archived files;

e) The business control.

1. The Criminal Police Data Collection Contains the Following Personal Data

a) Basic data;

b) Identification service data;

c) Custody data;

d) Search data;

e) Report data.

1. Basic data is stored on individuals for whom identification service data, detention data, search data, or report data is available, or who are recorded in the weapons registry.

2. The following basic data may be stored

a) Surname and given names;

b) Date and place of birth;

c) Place of origin or country of origin;

d) Gender;

e) Place of residence;

f) Names and given names of parents;

g) Marital status, as well as names and given names of the spouse;

h) Occupation;

i) Connections;

j) Personal references.

1. Identification Data are details concerning identification records.

2. The following identification data can be stored

a) Point of collection, date of collection, and reason for collection;

b) Identification data;

c) Photograph, date of photograph, and photograph number;

d) Description and distinctive features;

e) Presence of a DNA profile;

f) References to fingerprints, handwriting samples, and trace comparisons.

1. Detention data refers to information about individuals who have been arrested or temporarily detained.

2. The following detention data may be stored

a) Admission data;

b) Places and reasons for detention;

c) Release data;

d) Responsible authority;

e) Transfers;

f) Administrative notes.

1. Search data are details about persons who are listed for search.

2. The following search data may be stored

a) Search warrant and reason for search;

b) Search indications;

c) Principal or commissioner;

d) Listing data and expiration dates.

1. Report data refers to information about the content of police crime reports.

2. The following report data can be stored

a) Type of the event;

b) Location and time;

c) Names of the victims;

d) Modus operandi.

3. Traffic violations are recorded through documented evidence.

1. The following offense-related data may be stored

a) Type of event;

b) Location and time;

c) Victims;

d) Finder;

e) Modus operandi;

f) Evidence;

g) Objects obtained through the offense and found property;

h) Indications of perpetration;

i) Connections to similar events;

j) Notices.

1. Identification service data shall be deleted twenty years after acquisition.

2. If detention data, investigation data, or report data are still stored at this time, the retention period shall be extended until the deletion of these data.

3. An exception is made for early deletion if identification service records are destroyed pursuant to Article 131 of the Code of Criminal Procedure.

1. Inmate Records are Deleted Ten Years after the Release of the Affected Person from Prison or Institution.

1. Search data shall be deleted three months after the revocation of the search warrant, at the latest upon the commencement of the statute of limitations for prosecution or enforcement.

1. Notification Data is Deleted

a) Five years after the notification in the case of children and adolescents as per the Criminal Code;

b) Twenty years after the notification in cases of homicide, serious robbery, sexual offenses, and arson;

c) Ten years after the notification in other cases.

1. Data related to elements of the offense are deleted upon the expiration of the statute of limitations for prosecution.

2. Data concerning the object of the offense and found property may be retained as long as there is a police interest in them.

1. Personal data shall be deleted and registry notes removed if

a) it subsequently transpires that the legal requirements for processing identification do not apply, or there is insufficient reason for the registration of identification material;

b) the person concerned has been acquitted by final judgment or a criminal proceeding has been definitively dismissed.

2. The deletion shall be carried out ex officio or upon the request of the person concerned.

1. Registration forms of accommodation establishments may be recorded electronically. They are automatically deleted after 5 years; in doing so, the registration forms must be destroyed.

1. The weapons registry contains the data of the weapon acquisition permit as well as any weapons carrying permit that may have been issued.

2. The personal data of the person acquiring or carrying a weapon is recorded in the personal registry.

3. The data in the weapons registry is generally not deleted, unless there is no longer any police interest in this data.

1. Filed documents can be registered electronically.

2. The register serves exclusively as proof of documentation.

1. The cantonal police maintain an electronic business control system.

1. Access to the data is granted to those employees of the Cantonal Police who require it to fulfill their duties.

1. The Cantonal Police secures the data by

a) Regulating access and input authorization;

b) Protecting the premises where data stations are located against unauthorized access;

c) Implementing technical measures to protect the data against unauthorized access, alteration, and theft.

1. The cantonal police shall decide on requests for information, correction, and deletion.

1. Any person making a request for information must provide proof of their identity.

1. The procedure is governed by the Administrative Procedure Act.

1. Information, correction, and deletion are provided free of charge.

2. A fee may be charged if

a) the request for correction or deletion is denied;

b) the concerned individual has already received the same information within the last twelve months.

1. This regulation shall enter into force on January 1, 2003.