Registration and Registers Act (ARG) - Scope of Regulation (ARG)

1. This law regulates

a. the implementation of the Federal Act of June 23, 2006, on the Harmonization of Population Registers and Other Official Person Registers (Register Harmonization Act, RHA) as well as the federal decrees based thereon;

b. the obligation to register, deregister, and change registration for natural persons when taking up residence or staying in the municipality;

c. * the maintenance of a cantonal personal register;

d. * the maintenance of a cantonal building and housing register.

1. The municipal authorities maintain records of individuals who have settled or reside within their jurisdiction (referred to as the population register).

2. The population register contains data pertaining to the attributes in accordance with the Register Harmonisation Act.

3. Additionally, it includes data on the following attributes for each settled individual

a. * Parents with their official last and first names;

b. * Family law relationships with persons in the same household;

c. * Date of the last change in civil status;

d. * Date of separation for spouses living separately or for individuals in a registered partnership living apart.

3bis It also includes, for foreign nationals relocating to the canton, the name and address of the employer at the time of their registration. This excludes foreign nationals

a. Who hold the immigration residence permit (Permit C) or

b. Whose spouse or registered partner holds Swiss citizenship or the immigration residence permit (Permit C).

4. At the request of the registered individual, it also contains data on the following attributes

a. Salutation and title;

b. Name and address of the person to be notified in case of an event.

1. The municipal administration provides the following information about an individual listed in the residents' register to private individuals upon request

a. Official name,

b. First name,

c. Gender,

d. Date of birth,

e. Residential and mailing address.

2. It provides further information about the listed individual if the requesting person credibly demonstrates a legitimate interest in their identification or for investigative purposes.

3. It discloses data organized by characteristics according to paragraph 1 regarding several listed individuals if the requesting person uses the data for protected ideal purposes.

4. It informs individuals listed in the residents' register, particularly at the time of their registration or re-registration, about the option of data blocking in accordance with cantonal data protection legislation.

5. No fees are charged for oral information or for simple computer printouts personally handed out from the residents' register.

1. Persons moving into the municipality for the purpose of establishment or residence are required to register with the municipal administration.

2. Registered persons who move within the municipality or move out of the municipality are required to re-register or de-register with the municipal administration, respectively.

1. Persons subject to registration must carry out the registration, change of address, or deregistration within 14 days from the event that necessitates it.

2. They must provide any missing information required for the resident register and substantiate it if necessary.

3. Registration, change of address, and deregistration are free of charge.

1. If a person fails to register, re-register, or deregister within the stipulated timeframe, the municipal administration shall make the corresponding change in the residents' register ex officio by means of an administrative order.

2. The municipal administration shall impose the costs of the administrative effort on the person, unless they prove that they were prevented from registering, re-registering, or deregistering within the stipulated timeframe for respectable reasons.

3. The administrative order issued by the municipal administration can be appealed to the municipal council within 10 days.

1. Individuals who rent out premises to persons required to register, either in their own name or on behalf of others, or who accommodate such persons in their home or in collective households, must notify the municipal administration within 14 days from the commencement of the rental or accommodation. They must also report the termination of the rental or accommodation within 14 days.

2. Individuals as per paragraph 1, as well as employers who employ persons required to register, must provide the municipal administration with information about such persons at no cost upon request if these individuals fail to fulfill their registration obligations.

3. Intra- and extra-cantonal private and public legal entities that maintain records of buildings and apartments for their activities must provide the municipal administration with information to determine and update the housing identifier of a person required to register at no cost upon request.

1. During registration, re-registration, and de-registration, the municipal administration offers individuals the option to notify cantonal administrative offices of address changes and forwards these notifications free of charge.

1. The canton maintains a cantonal personal register.

2. The cantonal personal register records all natural persons who have domicile or residence in the canton or possess real estate.

3. Its purpose is to

a. simplify the provision of personal and address information to state authorities for residents and property owners;

b. provide federal, cantonal, and municipal authorities with updated personal data necessary for fulfilling their statutory duties;

c. enable the retrieval of current personal data in the event of an incident.

1. The cantonal personal register contains the current data from the resident register for natural persons who have domicile or residence in the canton.

2. It contains the current data for the following attributes of natural persons who own real estate in the canton but do not have domicile or residence there

a. Insurance number according to Article 50c of the Federal Act of December 20, 1946, on Old Age and Survivors' Insurance (short: insurance number), if available;

abis. * the personal identifier used by the land registry;

b. official name and other names recorded in the civil status registers of a person;

c. all first names in the correct order;

d. residential address and mailing address, including postal code, locality, and country, if applicable;

e. date of birth;

f. gender;

g. salutation and title.

3. ...

1. Municipalities report the data from the population register and any changes thereto to the cantonal population register.

2. The Government Council regulates the data reports from cantonal authorities to the cantonal population register.

3. The data reports must be submitted within 1 business day of obtaining the information and in accordance with the technical requirements established by the Government Council.

1. The cantonal personal register reports the resident registry data of persons moving in and out to the local authorities responsible for maintaining resident registers both within and outside the canton.

2. It reports the data required by federal law to the federal authorities.

1. The canton assigns a cantonal personal identifier to each person listed in the cantonal register of persons. This identifier must be designed in such a way that no personal data can be read from it.

2. The cantonal personal identifier must be disclosed to the person concerned upon request.

1. Cantonal and municipal authorities may query or systematically receive those data from the cantonal personal register for which the processing conditions specified in § 9 of the Information and Data Protection Act are met.

2. The following are considered cantonal and municipal authorities

a. * the directorates and their divisions and offices,

b. the state chancellery,

c. the courts,

d. * the Basel-Landschaft Cantonal Hospital,

e. * the Basel-Landschaft Psychiatry,

f. * the University Children’s Hospital of both Basel,

fbis. * ...

g. * the management of the Cancer Registry of both Basel,

h. * the Basel-Landschaft Building Insurance,

hbis. * ...

i. * the Social Insurance Institution Basel-Landschaft,

ibis. * ...

j. * the Basel-Landschaft Pension Fund,

k. * the subscription management of BLT Baselland Transport AG,

l. * the administrations of the local municipalities,

m. * the administrations of joint authorities, child and adult protection authorities, and the special-purpose associations of local municipalities,

n. * the administrations of civic municipalities,

o. * the administrations of the special-purpose associations of civic municipalities,

p. * the administrations of the church parishes of the national churches,

q. * the entity for educational grants in nursing of both Basel.

3. The government council specifies the query authorizations in detail in the ordinance.

1. The government council stipulates in the ordinance for each authorized querying entity, which is not permitted to use the insurance number and is unaware of the personal identifier used by the land register, whether the cantonal personal identifier will be disclosed to them.

2. Authorized querying entities to whom the personal identifier is disclosed may use it only for inquiries within the cantonal personal register.

1. All activities are subject to the cantonal legislation on data protection.

2. The competent directorate shall establish a data protection and security concept for the operation of the cantonal personal register, which complies with recognized standards.

1. The municipalities and the canton shall each bear the costs for the collection and recording of their reportable data themselves.

2. The canton shall bear the costs for the operation of the cantonal personal register and the transmission of data to it.

3. The inquiry of data from the cantonal personal register is free of charge.

1. The canton maintains a cantonal Building and Housing Register ("cGHR") in accordance with the conditions of Art. 6 Para. 1 of the Ordinance of June 9, 2017, on the Federal Building and Housing Register (VGWR).

2. All buildings and apartments within the canton’s territory are recorded in the cGHR.

3. It serves the purpose of

a. providing current building and housing data to cantonal bodies, cantonal public-law institutions, municipalities, and third parties;

b. supplying the competent federal authority with the building and housing data required by the Confederation.

1. The kGWR contains the information required by the Confederation with the associated characteristics of the buildings and apartments, as well as additional cantonal information with the associated characteristics of the buildings and apartments.

2. The Government Council establishes cantonal information with the associated characteristics of the buildings and apartments in the ordinance.

1. The Office for Data and Statistics is responsible for the implementation of legislation concerning the kGWR.

2. It is supported by the Office for Geoinformation.

3. The head of the Office for Data and Statistics regulates access rights to the kGWR that are necessary for operational purposes.

1. Cantonal authorities, cantonal public law institutions, and municipalities that collect building and housing data in accordance with this law shall report this data electronically and free of charge to the Cantonal Building and Housing Register (kGWR).

2. The Government Council shall specify in the ordinance, in particular

a. the institutions required to report, according to paragraph 1;

b. the periodicity of data reporting;

c. the requirements for electronic data reporting.

1. The canton reports the data required by the Confederation from the Cantonal Building and Dwelling Register (kGWR) to the federal authority.

1. Publicly accessible data inquiries are guaranteed and free of charge.

2. Cantonal authorities, cantonal public-law institutions, municipal authorities, and third parties entrusted with the fulfillment of a public task may inquire data from the kGWR free of charge or have data systematically reported to them, provided that they need it to fulfill their legal duties.

3. The authorities and third parties according to Art. 15 para. 1 of the Ordinance on the Federal Register of Buildings and Dwellings (VGWR), as well as third parties for research and planning purposes, may request data from the kGWR.

4. The government council stipulates in the regulation, in particular

a. the details of the data inquiries;

b. the fees for inquiries according to para. 3.

1. Whoever fails to submit a timely registration, change of registration, or deregistration, fails to provide the notification pursuant to § 7 paragraph 1, refuses to provide the information pursuant to § 7 paragraphs 2 or 3 despite written reminders, or intentionally makes false statements in registrations, notifications, or information, shall be punished with a fine up to CHF 5,000. Attempt and complicity are punishable.

2. Jurisdiction and procedure are governed by the Municipal Law.

1. The Law of September 7, 1981 on Political Rights is amended as follows: ...

1. The Act of March 7, 1991, on the Protection of Personal Data (Data Protection Act) is amended as follows: ...

1. The Act of October 19, 1931, on Funeral Services is amended as follows: ...

1. The Law of March 20, 1972, on Establishment and Residence is hereby repealed.

1. The municipal authorities shall prepare the residents' registers by no later than January 15, 2010.

2. The initial data reports to the cantonal personal register shall be submitted by no later than April 15, 2010.

1. This law shall come into force on January 1, 2009.

2. It is to be submitted to the Federal Department of Home Affairs for information.