Cantonal Geoinformation Ordinance (kGeoIV) - Scope (KGEOIV)

1. This ordinance applies to the geobase data of cantonal and municipal law.

2. Annex 1 contains the catalog of geobase data under federal law within the jurisdiction of the canton.

3. Annex 2 contains the catalog of geobase data under cantonal law.

4. Specific substantive legal provisions of cantonal law remain reserved.

1. The minimum requirements for the quality of geospatial data and geometadata conform to the standards recognized by the federal and cantonal authorities.

2. The quality of geodata is measured by the criteria: completeness, logical consistency, positional accuracy, currency, and content accuracy.

1. The GIS Committee is the coordinating body of the canton and the municipalities in the field of geoinformation. It has the following tasks in particular

a) * Planning and coordination of activities of the canton and the municipalities in the field of the Spatial Data Infrastructure (SDI) and geoinformation;

b) * Development of joint strategies of the canton and the municipalities in the field of SDI and geoinformation;

c) Participation in the development of technical standards.

2. The GIS Committee is composed of representatives of the canton and the municipalities. If the operation of the GIS is transferred to a company, this company shall participate in the committee with a representative.

3. The government council elects the members, whereby the municipalities have the right to propose their representatives. It determines the leadership of the GIS Committee.

4. ...

1. The Office for Space and Forest Management operates a GIS specialist unit.

2. The GIS specialist unit serves as the cantonal competence center for geoinformation. Its responsibilities include, in particular

a) Establishing geodata models in collaboration with the relevant specialized units of the canton and municipalities;

b) Establishing technical standards and guidelines for geometadata, geodata models, and data exchange;

c) Operating cross-sectoral geoservices;

d) Advising and supporting the responsible bodies of the cantonal and municipal administration in developing geodata models, projects, and training in the field of geoinformation;

e) Liaising with third parties, especially with the federal government, cantons, municipalities, specialized and user groups, as well as software manufacturers;

f) Reporting aerial surveys conducted by the canton to the relevant federal agency for aerial photography in accordance with Art. 27 of the National Survey Ordinance;

g) Collaborating with the responsible cantonal bodies in the field of e-government.

3. It may delegate certain tasks to third parties.

4. It may issue technical and administrative directives.

1. Each base geodata is assigned a unique numerical identifier.

2. The GIS specialist office issues directives on the development and design of the base geodata catalogs of the canton and municipalities, as well as the assignment of unique numerical identifiers.

1. Each geospatial data set is associated with at least one geospatial data model.

2. If there is a geospatial data model established by the federal government, harmonized by the cantons, or standardized by professional associations for a specific subject area, this model shall be used as a basis. This geospatial data model may be expanded to meet additional cantonal and municipal requirements.

1. Geodata models for geobase data are jointly established and amended by the respective competent department of the canton or municipality together with the GIS department.

2. A geodata model is determined within the framework of the specific legal regulations by

a) the professional requirements;

b) the state of the art.

1. The language for describing geodata models must conform to a recognized standard.

2. The GIS specialist department determines the general description language and the data transfer method. In doing so, it considers the state of the art and standardization at both the international and national levels.

1. The competent specialized office of the respective canton or municipality may prescribe one or more presentation models within its field of expertise and describes them. The description particularly sets out the level of detail, the signatures, and the legends.

2. A presentation model is determined within the framework of the relevant legislation by

a) the geodata model;

b) the professional requirements;

c) the state of the art.

1. If the specific statutory provisions do not include regulations regarding the timing and method of updating the geobase data, the respective competent department of the canton or municipality prescribes a minimal update plan. This plan takes into account

a) the technical requirements;

b) the needs of the users;

c) the state of the art;

d) the costs of updating.

1. Geospatial data that depict resolutions binding upon owners or authorities shall be archived in such a manner that each legal status can be reconstructed with sufficient certainty and reasonable effort within a useful period of time.

2. The method of archiving shall be documented.

1. The competent authority pursuant to Article 8 of the Act preserves geospatial data in such a way that their integrity and quality are maintained.

2. It secures the geospatial data according to recognized standards and the state of the art. In particular, it periodically transfers the data to appropriate data formats and securely stores the transferred data.

3. The GIS department may determine the minimum duration for the administration of the geospatial data by the competent authority pursuant to Article 8 of the Act.

1. The archiving of geospatial data under the responsibility of the cantons and municipalities is governed by the Archives Act.

2. The State Archive shall prepare an archiving concept for all affected geospatial data. This concept shall include at least the following

a) the timing of the archiving;

b) the location of the archiving;

c) the modalities of data transfer to the archiving site;

d) the method and periodicity of data backup;

e) the periodic migration to appropriate data formats;

f) the usage and exploitation rights to the data;

g) the modalities for deletion and destruction of data.

1. The competent authority pursuant to Art. 8 of the Act shall transfer its updated geospatial data to the GIS department at agreed-upon times and in agreed-upon quality.

2. The GIS department shall review the incoming geospatial data and store it centrally. It may delegate these tasks for specific geospatial data to other authorities.

1. All geospatial base data shall be described by geospatial metadata.

2. The GIS specialist office establishes the standards for the geospatial metadata of geospatial base data. In doing so, it takes into account the state of technology and standardization at both international and national levels.

1. Geospatial metadata shall be made publicly accessible together with the geospatial basic data that they describe.

2. Access may only be restricted if a government council ordinance so provides.

3. The competent authority under Article 8 of the Act ensures access to the geospatial metadata.

4. The GIS department ensures the networking of the geospatial metadata.

1. The authority responsible for the collection and updating of geometadata is the competent body according to Art. 8 of the Act.

2. The geometadata is updated and archived together with the geobase data that it describes.

1. Geobase data is assigned the following access authorization levels

a) publicly accessible geobase data: Access Authorization Level A;

b) restricted publicly accessible geobase data: Access Authorization Level B;

c) non-publicly accessible geobase data: Access Authorization Level C.

2. The access authorization levels for geobase data under cantonal law are set forth in Appendix 2.

3. The provisions according to Articles 22-24 of the Geoinformation Ordinance apply mutatis mutandis to access to geobase data at Access Authorization Levels A, B, and C.

1. Consent for Use for Personal Purposes is granted when

a) Access can be provided;

b) The user has declared that the use is exclusively for personal purposes;

c) The fee is determined or collected in advance by order or contract.

2. Consent for Commercial Use is granted when

a) Access can be provided;

b) The user is registered;

c) The user has declared the purpose, intensity, and duration of the commercial use;

d) The fee is determined or collected in advance by order or contract;

e) Data of access authorization level B may also be made accessible to third parties to whom the transfer is intended.

3. Consent for use can be limited in time if the loss of data relevance can lead to a risk.

4. Consent can be restricted concerning the purpose, intensity, or duration of use if the fee amount depends on these factors.

5. The competent authority pursuant to Art. 8 of the Law may generally allow the use of certain geospatial base data without consent.

1. Consent is refused by decree.

2. If the conclusion of the contract or consent is refused through organizational or technical access controls, the affected person can request a decree.

1. If geospatial data is used unlawfully, the procedure for granting consent shall subsequently be conducted ex officio.

1. Consent for use shall be deemed granted for geospatial data with access authorization level A.

2. In cases of excessive, inappropriate, or abusive use, access may be restricted or denied.

3. To prevent excessive, inappropriate, and abusive use, the GIS department may monitor open access using appropriate tools, including the recording of IP addresses.

1. For personal use, the relevant provisions of the Copyright Act apply mutatis mutandis.

2. Users are responsible for compliance with data protection regulations.

3. ...

1. If geospatial data is shared, the obligations of users also apply to the receiving third parties.

1. Contractual Provisions for Access to Geobasic Data and Their Use and Distribution May Deviate from the Provisions of Articles 22-23 if They

a) Contain Protective Clauses that are At Least Equivalent; and

b) Ensure Equal Treatment of Competitors.

1. If geospatial data is used unlawfully and retroactive consent cannot be granted, the competent authority shall, in accordance with Article 8 of the law, order the destruction of the data or the confiscation of the data storage devices from the user.

2. It shall order the destruction or confiscation independently of any potential criminal prosecution.

1. Geospatial base data are made accessible and usable through the following geoservices

a) through portrayal services: all geospatial base data at access authorization level A;

b) through download services: the geospatial base data designated accordingly in Annex 2.

2. The geometadata of the geospatial base data are made accessible through search services.

3. The GIS specialist unit may issue regulations for these geoservices regarding the qualitative and technical requirements for optimal networking. In doing so, it takes into consideration the state of technology and standardization at both international and national levels.

1. The GIS Office operates the following cross-disciplinary geoservices

a) Networked search service for the geometadata of all geospatial base data;

b) Networked search service for geoservices according to Art. 26;

c) Networked access to the geospatial base data;

d) Networked download service for the geospatial base data designated accordingly in Appendix 2;

e) * ...

2. Additional geoservices may be offered by the canton as needed.

1. The cross-sector geoservices may be linked with the electronic land register, provided that the respective access rights of the land register are observed.

2. The geoservices of the canton may be networked with geoportals and geoservices of other governmental and private institutions with the consent of the GIS specialist office.

1. The activation of geospatial data in the GIS is without warranty and has no legal effect. Only the documents certified by the competent authorities are binding.

2. Divergent special statutory provisions remain reserved.

1. The competent authority pursuant to Art. 8 of the Act grants other federal, cantonal, or municipal authorities access to geospatial data upon request.

2. It ensures access through a download service. Where this is not possible, it transmits the data in another form.

1. The competent authority pursuant to Art. 8 of the law shall deny access to geospatial data if the geospatial data are classified under access level B or C and the requesting entity cannot assert a public interest in gaining access.

1. The receiving entity is responsible for compliance with the regulations on data protection and confidentiality.

2. The transferring entity shall inform the receiving entity of the existence of special provisions.

1. An authority may grant third parties access to and permit the use of geospatial data to which it has access pursuant to Section 6, regardless of whether these are processed, if it

a) applies the same regulations for access and use as the authority responsible under Article 8 of the Act;

b) indicates the current status;

c) collects the prescribed fees and forwards them to the competent authority.

2. If it provides the geospatial data free of charge, it bears the prescribed fees itself.

1. The Department of Construction and Economic Affairs is responsible for regulating the modalities and the assessment of compensation payments with the federal government pursuant to Article 14 paragraph 3 of the Geoinformation Act.

1. The municipality shall designate a data management office.

2. The data management office is responsible for collecting, maintaining, and managing the utility cadastre.

3. In doing so, it particularly receives current utility data from the utilities, reviews them for qualitative and technical requirements, and integrates them into the utility cadastre.

1. The owners of the works are obligated to participate in the establishment and maintenance of the pipeline registry.

2. The owners of the works are responsible for collecting, updating, and managing the utility pipeline data in their possession. The collection of underground pipelines and objects must take place in an open trench.

3. They transfer the updated utility pipeline data, meeting specific quality standards, to the data management office.

4. The data transfer occurs at least once per quarter.

1. The Utility Cadastre comprises the following media

a) Sewage;

b) Water;

c) Gas;

d) Electricity;

e) Lighting;

f) Communication;

g) District heating;

h) Miscellaneous.

2. Existing and new house connections are part of the Utility Cadastre.

3. The GIS Specialist Office determines the qualitative and technical requirements.

1. The competent authorities charge fees for their services and official acts based on the time spent. Articles 39 and 40 remain reserved.

2. The fee based on time spent amounts to 160 francs per hour, but no more than 800 francs per case.

3. Any material and transportation costs will be charged additionally.

4. The collection of fees may be delegated to third parties.

1. No fees shall be charged for

a) access to open administrative data pursuant to Article 21a;

b) access to geospatial services pursuant to Article 27 and their use;

c) the use of geospatial base data, regardless of the type of access and the type of use.

1. Data Delivery in Copy or PDF Format

a) Cadastral Plan Official Survey up to DIN A3 (excluding authentication): 20 Francs

b) Plan Extract Utility Cadastre up to DIN A3: 50 Francs

c) Plot up to DIN A0: 80 Francs

2. Authentication of Analog or Digital Data Extracts of the Official Survey

a) At the time of data extract creation: 50 Francs

b) Subsequently: 80 Francs

3. Additional Copies of the Same Extract, Provided Simultaneously

a) Up to DIN A3: 5 Francs

b) Up to DIN A0: 20 Francs

4. Any Material and Transport Costs will be Charged Additionally.