General Provisions (ZPVV)

1. This regulation governs the existence and operation of the Central Personnel Administration (CPA).

1. This regulation applies to the authorities mentioned in Article 2, Paragraph 6 of the Data Protection Act of February 19, 1986 (KDSG)[[3]].

2. These authorities are either suppliers or recipients of personal data of the ZPV.

1. In this regulation, the following terms mean

a) WAN: Wide Area Network of the cantonal administration,

b) Sedex: Central information and communication platform provided by the federal government to the competent authorities for secure data transmission.

2. Otherwise, the definitions of the PDSG apply.

1. The ZPV is a central personal data collection within the meaning of Article 4, paragraph 1, letter b of the PDSG.

2. It serves the tax administration for the fulfillment of its tasks, as well as the cantonal and municipal authorities according to Annex 2 in the retrieval or reporting procedure.

3. The processing and disclosure of personal data for research, practical training, statistics, or planning pursuant to Article 15 of the KDSG is also permissible.

1. The Tax Administration operates the ZPV and thereby bears responsibility according to Articles 13 et seq. PDSG.

1. The ZPV includes data of natural and legal persons as well as their representations, which

a have been recorded on the GERES platform,

b have been recorded as a result of an administrative procedure or a customer relationship with cantonal authorities, unless specific legislation provides for an exception,

c have been recorded as a result of a tax relationship with the canton,

d have been recorded as a result of a land register entry in the canton.

1. Each registered individual is assigned a ZPV number to identify them (personal identifier).

2. A vacated ZPV number may not be assigned to another individual.

3. The structure of the ZPV number does not allow inferences to be made about individuals.

1. Identified with an individual ZPV-number are

a) Heir communities, co-ownership communities, as well as collective, limited partnership, and simple partnerships (so-called virtual tax subjects),

b) Sole proprietorships.

1. Annex 1 identifies the personal characteristics managed in the ZPV and assigns them to specific profiles (basic profile, standard profiles).

2. The basic profile (Profile No. 0) does not contain any particularly sensitive personal data and does not include functionalities that enable profiling or otherwise generate particularly sensitive personal data.

3. The standard profiles (Profiles No. 1 to 9) may contain particularly sensitive personal data or personal profiles generated through functionalities.

4. In the ZPV, the insurance number is managed pursuant to the Federal Act of December 20, 1946, on Old-Age and Survivors' Insurance (AHVG)[[4]].

1. Annex 2 specifies which authorities and systems have access to the ZPV and which profiles are available to them.

2. The basic profile (Profile No. 0) is available to all authorities listed in Annex 2, while the other profiles (standard profiles) are available only to the extent necessary for the fulfillment of their duties.

1. The departments, the State Chancellery, and the judiciary shall stipulate in a departmental ordinance or regulation

a. which authorities' members and information systems are assigned which profiles, and

b. which authority members may apply to the tax administration for the opening, modification, and cancellation of user accounts.

2. The authorization rules must be submitted to the competent data protection supervisory authority for comment before issuance (Art. 11 para. 1 PDSG), and the date of the statement must be noted in the authorization rules.

3. The tax authorities of the municipalities submit applications for the opening, modification, or cancellation of user accounts through the heads of the tax authority, the financial administrator, or the municipal clerk, whereby the authorizations are granted to the heads and staff members of the tax authority.

With the ZPV, personal data can be provided for each municipality or church parish, as a combination of various municipalities or church parishes, or for the entire canton area.

The ZPV maintains a historical record of personal data.

1. In the ZPV, the following particularly sensitive personal data (Art. 3 KDSG) are recorded

a the affiliation to a cantonal church or a religious community recognized under public law (denomination),

b the personal identifier of a guardian for minors under guardianship (Art. 327a to 327c of the Swiss Civil Code of December 10, 1907, SCC)[[5]](#enumeration_itemtext_content_fn_3105446_2_5_c),

c the personal identifier of a deputy for adults with comprehensive guardianship (Article 398 SCC).

1. The ZPV includes the following functionalities that enable profiling or that can generate particularly sensitive personal data in other forms

a) Historical recording of events,

b) Relationships of persons based on marital law,

c) Relationships of persons based on guardianship,

d) Relationships of persons based on comprehensive guardianship.

1. The processing of particularly sensitive personal data and the use of functionalities are permissible to the extent that they are strictly necessary for the fulfillment of statutory tasks.

1. The Tax Administration

a operates the ZPV,

b is responsible for the information security of the ZPV and data protection,

c establishes the requirements for data processing,

d is responsible for data destruction.

2. It may delegate the technical operation of the ZPV to third parties.

1. The Tax Administration ensures, through technical and organizational measures, that only authorized entities and individuals have access and may issue technical internal administrative directives to ensure the following in particular

a) Access and modification protection: Secure authentication of authorized individuals and entities, along with a detailed description of their respective read and write permissions, prevents unauthorized acquisition, disclosure, transmission, and alteration of the data in the Central Payment System (ZPV). Additionally, the data in the ZPV is transmitted exclusively in encrypted form.

b) Access and modification control: Changes to the data in the ZPV as well as read accesses are recorded and monitored.

c) Availability: Contracts with the technical operator of the ZPV provide for regular data backups and ensure that the ZPV is continuously available and can be quickly restored after a failure.

2. It sets and removes blocking notices in the ZPV upon written request from the affected individuals.

3. The ZPV number may only be maintained by those registers that can access the ZPV.

1. The tax administration establishes user accounts with individual authorizations.

2. The authorized access authorities exercise their permissions through their bodies and members, who possess personal ZPV user accounts.

3. For systems that exchange personal data with the ZPV, non-personal user accounts may be opened.

4. The user accounts are linked to access options in the form of detailed profiles within the scope of the authorizations of the respective authority.

The tax administration may disclose personal data from the ZPV on a case-by-case basis within the scope of administrative assistance according to Article 10 and for research, practical training, statistics, or planning according to Article 15 KDSG.

Disclosure of data under Article 15 KDSG is only permitted if the recipients of the data are sufficiently obligated to information security and data protection through an order.

1. The Use of the ZPV Occurs

a) automatically via the WAN and with an interface between the register applications and the ZPV or

b) interactively via the WAN with software provided by the tax administration.

2. The use of the ZPV is generally free of charge, although the tax administration may charge for the cost of special services.

1. The tax administration reconciles the data from the ZPV with the data stored on the GERES platform.

2. It informs the municipalities if the data from the ZPV is more current than the data stored on the GERES platform.

3. The data transmission is carried out via Sedex.

1. The tax administration verifies at least every five years whether, for a person whose data is maintained in the ZPV but not actively on the GERES platform, reasons still exist for data maintenance pursuant to Article 6, paragraph 1, subparagraphs b, c, or d.

2. The data in the ZPV shall be

a) destroyed ex officio ten years after the review, if no reasons under paragraph 1 exist anymore,

b) destroyed upon request if the data under paragraph 1 has not been needed for ten years.

1. The directives and regulations pursuant to Article 11, paragraph 1, shall be issued within one year of the entry into force of this ordinance.

1. This regulation shall enter into force on March 1, 2021.