Instruction of the State Council concerning the Recording of Telephone Conversations in the Administration

1. Only devices approved by the PTT enterprises may be used for the recording of telephone conversations (Art. 179quinquies of the Swiss Criminal Code).

2. Before purchasing or installing a recording device, the involved parties must verify whether the device is approved (type-approved). In case of doubt, the PTT enterprises should be consulted.

1. Telephone conversations may only be recorded,

a) if it is necessary to fulfill a legal obligation,

b) or if the other party to the conversation consents to the recording.

2. These conditions also apply to the further use of the recordings, such as in particular their storage, evaluation, or disclosure to third parties.

1. Anonymous Calls and Phone Conversations in which the Other Party Expresses Insults or Extortions or Makes Threats may be Recorded for the Purpose of Securing Evidence, even if the Conditions of Section 2 are Not Met.

1. Recordings that are no longer required for the fulfillment of legal duties or for the purpose of securing evidence must be deleted.

2. Any copies and transcripts must be destroyed.

1. If information about a person is recorded during the capturing of a telephone conversation, the provisions of the Data Protection Regulation must be observed.

1. The provisions regarding official secrecy (Art. 320 Swiss Penal Code) also remain reserved.

1. This directive shall take effect immediately.