Ordinance on the Use of Unmanned Aircraft by the Cantonal Police as a Pilot Project (Drohnenverordnung) - Purpose

1. This regulation stipulates the requirements and competencies for processing special personal data in connection with the use of unmanned aerial vehicles (drones) by the Cantonal Police.

1. The cantonal police deploy unmanned aerial vehicles within the scope and for the management of a specific event.

2. The transmission of image and sound data in real-time occurs for the following operational purposes

a) operational reconnaissance and creation of situational assessments.

b) emergency, object, and person searches.

c) support of other emergency services organizations in managing major events.

3. For the following purposes, in addition to real-time transmission of image and sound data, a recording is made

a) securing evidence within criminal proceedings.

b) securing evidence during police operations when there is a specific risk of criminally relevant behavior occurring.

4. The cantonal police deploy unmanned aerial vehicles outside of specific events for the following areas

a) support in the maintenance and inspection of critical infrastructure.

b) production of prevention, recruitment, and informational materials.

c) education and training.

1. The area of operation is limited to the territory of the Canton of Basel-Stadt, subject to special legal regulations regarding flight restrictions or prohibitions.

1. In both police operations and support missions for or in collaboration with emergency services, the cantonal police are responsible for the deployment of unmanned aerial vehicles pursuant to this regulation.

1. The deployment of any unmanned aerial vehicle must be ordered in advance by the competent command authority.

2. The order must include at least the purpose of the deployment according to § 2, the anticipated duration of the deployment, as well as the nature of the image and sound recordings according to § 9. If there is a change in the purpose of the deployment during its course, this change must be documented.

3. The authority to issue orders in the context of criminal proceedings is governed by the provisions of the Swiss Code of Criminal Procedure dated October 5, 2007.

4. Deployments pursuant to § 2 sec. 4 are ordered by the competent department management.

1. Unmanned aircraft operate in accordance with the federal legal provisions on aviation.

1. The aircraft are operated exclusively by trained personnel of the Cantonal Police.

2. The Cantonal Police determine the responsibilities, organization, and training of the pilots.

1. Unmanned aerial vehicles are clearly identifiable as belonging to the cantonal police due to their labeling and coloration.

2. Pilots are recognizable as such through their appropriate attire or identification.

3. The takeoff and landing zones for the unmanned aerial vehicles are marked with ground markings.

4. Subject to paragraph 5, when transmitting or recording image and sound data, the lighting on the unmanned aerial vehicle is activated.

5. If recognizability would seriously jeopardize or render impossible the proper conduct of police measures, it may be restricted upon the order of a duty officer or the command post.

1. Image and sound data are transmitted continuously and in real time to the pilot during deployment.

2. The display of image and sound data in real time is also available to the operation management.

3. In deployments pursuant to § 2 para. 4, image and sound data as well as recordings can be presented to the staff of the responsible department.

4. A recording of image and sound data is made on the internal memory of the unmanned aircraft or the servers of the cantonal police.

1. The connection between the unmanned aerial vehicle and the pilot, as well as the transmission to the servers of the cantonal police, are protected by encryption.

2. Image and audio data are stored on the servers in the non-publicly accessible computer rooms of the cantonal police.

1. During support operations according to § 2 para. 2 lit. c, the cantonal police may make image and sound data accessible to other emergency service organizations directly involved in the event.

1. Access to the recorded video and audio data is limited to certain employees of the Cantonal Police and takes place on the premises of the Cantonal Police.

2. An evaluation is carried out exclusively upon prior order of the command duty officer, the duty officer, the public prosecutor, or the data protection officer of the Cantonal Police.

3. If the evaluation is conducted in the context of a criminal proceeding, the provisions of the Swiss Code of Criminal Procedure of October 5, 2007, are applicable.

4. Evaluations, as well as utilizations and uses of recordings pursuant to § 2 para. 4, are ordered by the department management that commissioned the operation.

1. The release of recorded image and sound data is subject to paragraph 2 and is exclusively for use in criminal or civil legal proceedings and within the framework of the right to access one's own personal data by the affected individuals.

2. If recordings are essential for the fulfillment of tasks by other emergency services organizations, they can be released upon prior written request.

3. Subject to the provisions of the Swiss Code of Criminal Procedure dated October 5, 2007, the release is the responsibility of the duty officer, the command duty officer, or the data protection officer of the Cantonal Police.

1. Records pursuant to § 2 para. 3 must be deleted within 96 hours, unless they are needed for prosecution.

2. Records pursuant to § 2 para. 4 lit. b and c of this regulation as well as § 59 of the Act concerning the Cantonal Police of the Canton of Basel-Stadt dated November 13, 1996, shall be deleted in accordance with the provisions of the Data Protection Act (IDG).

1. The pilot trial lasts until May 15, 2029.

1. The Department of Justice and Security reports to the Government Council on the progress of the pilot trial.