Registration and Registers Ordinance (ARV) - Scope of Regulation (ARG)

1. This regulation implements the Registration and Registry Act (ARG) of June 19, 2008.

1. The Office for Data and Statistics is the competent authority pursuant to Article 9 of the Register Harmonization Act (RHG).

1. Individuals in the following collective households shall be registered as residents in the population register at the location of the collective household or its outpost

a. Retirement and nursing homes,

b. Adult hostels,

c. Residential and educational homes for children and adolescents,

d. Dormitories for learners and students as well as school boarding houses,

e. Institutions for the disabled,

f. Cloisters and other accommodations of religious associations.

2. Individuals in the following collective households shall, upon their request, be registered as settled residents in the population register at the location of the collective household or its outpost

a. Retirement and nursing homes,

b. Dormitories for learners and students as well as school boarding houses,

c. Institutions for the disabled,

d. Cloisters and other accommodations of religious associations.

3. Individuals shall remain registered as settled residents if they were already registered as such before the enactment of this provision or prior to entering the collective household or its outpost.

4. Individuals in the following collective households or their outposts shall not be registered in the population register

a. Hospitals, sanatoriums, and similar institutions in the health sector;

b. Institutions for the execution of sentences and measures.

1. Asylum seekers in federal or cantonal reception centers are not entered into the residents' register.

2. Other individuals within the asylum sector are entered into the residents' register as follows

a. Asylum seekers assigned to a municipality are registered as residents,

b. Asylum seekers assigned to a municipality, which then accommodates them in another municipality, are registered in the accommodating municipality as temporary residents;

c. Provisionally admitted persons with a Permit F, provisionally admitted refugees, are registered as residents;

d. Persons in need of protection according to Article 4 of the Asylum Act are registered as temporary residents.

1. Family law relationships between persons in the same household are those between

a. Spouses;

b. Partners in a registered partnership;

c. Parents and children;

d. Foster parents and foster children;

e. * ...

1. Obligation to Report for Deregistration, Re-registration, and Registration Applies to All Persons as Defined in § 4 ARG.

2. They Must Carry Out the Deregistration, Re-registration, and Registration Personally at the Respective Municipal Administration. § 5b and Other Contrary Legal Provisions are Reserved.

3. Registration is Permissible Only After Deregistration.

1. Persons required to register may carry out deregistration, re-registration, and registration not only for themselves but also for those persons who are legally connected with them as per § 5 paragraph 1 and live in the same household.

2. If a parent or foster parent required to register intends to deregister or re-register only children or foster children besides themselves, the written consent of the other parent or foster parent is required for their deregistration or re-registration.

1. Swiss nationals subject to the notification requirement must submit an official identification document upon deregistration.

2. Foreign nationals subject to the notification requirement must submit an official identification document and the foreigner's identity card upon deregistration.

3. The municipal administration may require the submission of additional documents, insofar as they are necessary for deregistration.

1. The Municipal Administration

a. verifies the deregistration for completeness, plausible accuracy, and conformity with registration laws;

b. rejects the deregistration for completion or improvement if necessary, or does not accept it;

c. makes the corresponding entry in the residents' register upon correct deregistration;

d. transmits the residents' register data electronically via Sedex to the municipal administration of the incoming municipality.

1. Obligated Swiss citizens must submit the following documents upon re-registration

a. an official identification document;

b. the new rental agreement, if applicable.

2. Obligated foreign nationals must submit the following documents in addition to the documents specified in Section 1 upon re-registration

a. the foreigner's identification card.

3. The municipal administration may require the submission of additional documents, insofar as they are necessary for the re-registration.

1. The Municipal Administration

a. examines the change of address for completeness, plausible accuracy, and compliance with registration laws;

b. rejects the change of address for completion or improvement if necessary, or does not accept it;

c. makes the appropriate entry in the residents' register upon correct change of address.

1. Swiss Nationals Subject to Registration Shall Submit the Following Documents at the Time of Registration

a. an official identification document;

b. the Swiss health insurance card;

c. if applicable, the new rental contract.

2. Foreign Nationals Subject to Registration Shall Submit the Following Additional Documents at the Time of Registration, in Addition to the Documents Listed in Paragraph 1

a. the foreign national identification card;

b. if applicable, any further documents required under foreign nationals' law.

3. The Municipal Administration May Require the Submission of Additional Documents, Insofar as They Are Necessary for Registration.

1. The Municipal Administration

a. verifies the completeness and plausible accuracy of the registration, as well as its compliance with registration law;

b. rejects the registration for completion or improvement, if necessary, or does not accept it;

c. upon correct registration, makes the corresponding entry in the residents' register;

d. electronically transmits the entry made in the residents' register via Sedex to the municipal administration of the departure municipality.

2. If the person obliged to register states that they do not belong to any state church and this does not match the corresponding entry in the residents' register transmitted by the departure municipality, the municipal administration enters the state church affiliation transmitted by the departure municipality into its residents' register.

3. The entry pursuant to paragraph 2 remains in place until the person obliged to register provides the written church exit declaration as required by church law.

1. The municipalities shall bear the costs for the establishment and operation of electronic data exchange in accordance with §§ 5d para. 1 lit. d and 5h para. 1 lit. d.

1. If a person has failed to register or deregister, requiring a corresponding change in the population register, the municipality of emigration and the municipality of immigration shall coordinate their decisions in terms of content and timing.

2. If the municipality of emigration and the municipality of immigration cannot reach an agreement, the decision shall be made by the governing council.

1. The municipal administration does not retain any certificate of origin. It issues deposited certificates of origin to the individuals concerned.

2. ...

1. Swiss citizens who are required to register can carry out the deregistration, change of address, and registration of their residence within Switzerland electronically (“eMove”, see www.eumzug.swiss).

2. The identification data they enter will be supplemented with the identification data of those individuals with whom they have a family legal relationship according to § 5 para. 1.

3. They submit the documents in accordance with §§ 5b para. 2, 5e, or 5g.

1. The e-move pursuant to § 7a can also be carried out by

a. foreign nationals from EU/EFTA states who are required to register and hold permits B, C, Ci, or L;

b. foreign nationals from third countries who are required to register and hold permits B, C, Ci, F, or L, for moves within the canton.

**1. The municipal administration of the municipality of departure transmits the respective resident registration data electronically via Sedex to the municipal administration of the municipality of arrival.**

**2. The municipal administration of the moving or arriving municipality:**

a. examines the change of address or registration performed via eMove for completeness, plausible accuracy, and compliance with registration law;

b. rejects the change of address or registration for completion or improvement if necessary, or does not accept it;

c. makes the corresponding entry in the resident register in case of correct change of address or registration;

d. transmits the made entry in the resident register electronically via Sedex to the municipal administration of the municipality of departure.

**3. In the event of non-acceptance according to section 2 letter b, it refers the person subject to registration requirements to physical change of address or registration.**

1. The operation of the eMove is conducted by an external third party. The canton enters into the relevant operational contract with the external third party.

2. The external third party processes personal data during the operation in accordance with the Cantonal Information and Data Protection Act of February 10, 2011. It is contractually ensured that the external third party processes personal data only in the manner that the cantonal public authority would be permitted to do.

3. The canton ensures adequate support for the eMove of the municipalities.

1. Each municipality is responsible for the costs associated with the operation of its data deliveries to external third parties as well as to the municipalities involved in arrivals and departures.

2. The canton bears the costs for the operation of data deliveries from the cantonal personal register to the external third parties.

3. It passes on to the municipalities the costs incurred under contract from the operation of the eMoving process of the municipalities. Similarly, the costs incurred from support are billed to the municipalities.

4. The allocation of costs among the municipalities is based on their population size, which is determined according to the average residential population as per the cantonal population statistics.

1. The cantonal persons register is named arbo.

2. The Office for Data and Statistics is responsible for enforcement. It houses the Registry Specialist Office and is supported by the Central IT Services.

3. The director of the Office for Data and Statistics regulates the operationally necessary access rights to the cantonal persons register.

1. The municipalities shall report the corrected data within 5 working days if they receive an error message from the cantonal register of persons.

2. They shall report the entirety of the current data from the municipal register of residents upon request by the registry office.

1. Municipalities transmit the data to the cantonal personal register via Sedex in accordance with Art. 2 let. b RHV.

2. In doing so, they use

a. the standard prescribed by the Office for Data and Statistics of the association eCH;

b. a municipal personal identifier.

3. They design the municipal personal identifier to be non-explicit and purely numerical. In the event of a change in the residents' register software, the municipal personal identifier must be retained.

**1. Municipalities shall use those software programs for their population registers that are generally approved by the Office for Data and Statistics.**

2. Approval is based on the presumed suitability for reporting to the cantonal population register. There is no entitlement to approval.

3. The Office for Data and Statistics enables municipalities to test the suitability of the software prior to acquisition.

4. The Finance and Church Directorate orders a municipality, which is using approved but unsuitable software, to use suitable software.

1. If a municipality intends to change its resident register software, it must notify the competent registry office at least 3 months prior to the change. A release change must be reported at least 2 months in advance.

1. The costs of data transmission to be borne by the canton include the Sedex fees charged by the Federal Statistical Office.

1. The data pursuant to § 10 paragraph 2 of the ARG shall be reported to the cantonal personal register as follows

a. * by the land registry office on a weekly basis, all current data of natural persons with property ownership in the canton;

b. * by the tax administration on a quarterly basis, all current data of natural persons with property ownership in the canton as well as those with residences outside the canton.

1. The Registry Office assigns the cantonal personal identifier and grants it only once.

2. The cantonal personal identifier is to be designed as non-informative and purely numeric. It consists of 9 digits, with the last one being a check digit.

1. The data of a person registered in the cantonal personal register shall be deleted as follows

a. a previous date for a characteristic 12 years after its alteration;

b. all data upon moving out of the canton 12 years after the move;

c. all data upon the relinquishment of real estate at the time of relinquishment.

2. The deletion of data in the cases of Para. 1 Subpara. a and b shall occur at the end of the current calendar year, whereas in the case of Para. 1 Subpara. c, it shall occur after receipt of the notification.

3. The data of a deceased person shall not be deleted.

1. The right to access the cantonal personal register is a permanent access right or a one-time access right.

1. Annex II specifies the entities authorized to access queries. If applicable, these entities are differentiated according to their legally distinct areas of responsibility.

2. For each authorized entity or any of its areas of responsibility, the following is defined

a. the categories and groups of persons accessible to it (briefly: accessible data sets);

b. the current and previous states of data accessible to it (briefly: accessible data states);

c. the attributes of data accessible to it (briefly: accessible data);

d. whether the cantonal personal identifier is disclosed to it;

e. whether its queries are logged completely or without including the queried person.

1. The directorate responsible for the position or the State Chancellery submits a request to the government council for the granting of inquiry rights. Jurisdiction is determined according to § 19.

2. The request formally includes the amendment of Annex II, in which the following is requested per inquiry-authorized department or area of responsibility

a. the data sets accessible for inquiry;

b. the data statuses accessible for inquiry;

c. the accessible data of individual characteristics for inquiry, cited according to the Federal Register Harmonization Act and the Cantonal Registration and Register Act;

d. if applicable, the disclosure of the cantonal personal identifier;

e. if applicable, the logging of inquiries without logging the queried person.

1. The department or the state chancellery responsible for submitting applications according to § 18 is the one assigned to the office pursuant to the Government and Administrative Organization Ordinance of Basel-Landschaft dated December 19, 2017.

2. Additionally, the following are responsible for submitting applications

a. The Department of Finance and Church Affairs for the Social Insurance Institution of Basel-Landschaft, the Basel-Landschaft Pension Fund, the Basel-Landschaft Building Insurance, the administrations and associations of municipalities and civic communities, joint social welfare authorities, as well as the administrations of the church communities of the national churches;

b. The Department of Economy and Health for the cancer registry of both Basels;

c. The Department of Construction and Environmental Protection for the management of the Tarifverbund Nordwestschweiz;

d. The Department of Security for the child and adult protection authorities as well as for the courts;

e. The Department of Education, Culture and Sports for schools under cantonal sponsorship.

3. For offices not covered by paragraphs 1 or 2, the department or the state chancellery responsible for submitting applications is the one to which the office is administratively assigned or which has the closest factual relevance to the office.

1. The applying directorate or the state chancellery formulates the justification of the application as follows

a. Detailed description of data-relevant law enforcement duties and activities;

b. Precise indication of the legal basis for data-relevant law enforcement duties and activities;

c. Listing of the data sets, data conditions, and data required for law enforcement duties and activities;

d. Explanations regarding the potential application for disclosure of the cantonal personal identifier;

e. Explanations regarding the potential application for logging of inquiries without those of the inquired person.

2. It uses a template prepared by the Office for Data and Statistics.

3. It attaches a declaration from its Secretary General, in which he or she confirms the legal accuracy.

1. Before initiating the co-report procedure, the Registry Specialist Office conducts a discussion with the agency wishing to join regarding the details of the application process.

2. The directorates or the state chancellery welcome at least the 5 agencies specified in paragraph 3 within the co-report procedure.

3. The 5 agencies conduct the following review in the co-report

a. * Office for Data and Statistics: particularly the technical and temporal feasibility of the connection to the personal register as well as project management for the connection;

b. * Central IT: technical and temporal feasibility of the connection to the personal register;

c. * Legal Service of the Government Council and the State Parliament: plausibility of the correctness of the indicated legal basis;

d. * Financial Administration: financial legal review;

e. * State Chancellery: legislative technical consistency.

1. The authorized querying agencies shall implement a project for the connection to the cantonal population register according to the standards of the cantonal administration and shall provide the project management.

2. They shall bear the costs of the connection, with the exception of the personnel costs of the register department, particularly including the costs of project organization, the costs of technical adjustments on their part, as well as the costs of extraordinary technical adjustments on the part of the cantonal population register.

3. The register department is responsible for the connection of the authorized querying agencies to the cantonal population register.

4. The government council shall determine the order of connection for the agencies willing to connect.

1. The querying authority is responsible for the costs of the query operation. These costs include, in particular, technical adjustments for the transmission of queried data as well as technical adjustments on their part.

2. The head of the querying authority or the responsible division

a. notifies the registry department in writing of the authorized persons within the authority or individual divisions;

b. carries out the notification according to item a without delay upon granting or revoking query authorization;

c. supervises the queries made by the authorized persons;

d. may request the query logs, performed by a querying person, from the registry department;

e. revokes the query authorization from the culpable person in case of query abuse and makes the notification according to item b.

1. Collective positions are those positions that have the same functions.

2. Collective positions include the administrations of the municipal communities, joint social welfare authorities, child and adult protection authorities, citizen communities, and church communities.

3. Sections §§ 18-22 apply analogously to the collective positions.

1. The inquiry operations of the administrations of the municipal communities are governed by § 23. The leader according to § 23 paragraph 2 is the municipal administrator.

1bis. The inquiry operations of the child and adult protection authorities are governed by § 23. The leader according to § 23 paragraph 2 is the head of the respective authority secretariat.

1ter. The inquiry operations of the Evangelical Reformed Church are governed by § 23. The leader according to § 23 paragraph 2 is the Church Council Presidency.

1quater. The inquiry operations of the Evangelical Reformed church communities are governed by § 23. The leader according to § 23 paragraph 2 is the Church Administration Presidency.

1quinquies. The inquiry operations of the Roman Catholic National Church are governed by § 23. The leader according to § 23 paragraph 2 is the National Church Council Presidency.

1sexies. The inquiry operations of the Roman Catholic church communities are governed by § 23. The leader according to § 23 paragraph 2 is the Parish Council Presidency.

1septies. The inquiry operations of the Christian Catholic National Church are governed by § 23. The leader according to § 23 paragraph 2 is the National Church Council Presidency.

2. The inquiry operations of the other collective bodies are regulated by the adjustment of this ordinance upon their connection to the cantonal personal register.

1. A one-time inquiry right requires the approval of the Executive Council. It is not recorded in Annex II.

2. Sections 18-20 apply mutatis mutandis to the approval.

3. Prior to the application for approval, the co-report from the Office for Data and Statistics must be obtained.

1. Each inquiry of data from the cantonal personal register shall be logged electronically.

2. The logging shall include

a. the inquiring office or the inquiring area of responsibility, as well as the inquiring person,

b. the person inquired about,

c. the time of the inquiry.

3. The registry office is responsible for the logging of inquiries. It deletes the log 2 years after the inquiry.

1. The logging of queries serves the head of the authorized querying entity to exercise supervision in accordance with § 23 para. 2 letters c and d.

2. It is used in an anonymized form by the Register Specialist Office to receive operational technical information about the cantonal register of persons.

1. The data protection and security concept outlines the specific legal, technical, and organizational protection and security aspects and measures, and it must be kept permanently up to date.

2. It particularly outlines

a. all relevant legal bases for data processing and for the retrieval procedure;

b. how it is ensured technically and organizationally that the rights of the affected persons, particularly the right to access and inspect, the claim for correction, as well as the right to restrict the disclosure of data, are guaranteed;

c. how it is ensured technically and organizationally that data processing is lawful and proportionate and can be verified through control measures;

d. how it is ensured technically and organizationally that the recorded data is preserved in terms of existence and quality over the long term;

e. how the responsibilities for data protection and data security are regulated among the directorate, the registry specialist unit, as well as among the data suppliers and data recipients.