Regulations on IT Management in the Courts (Informatikreglement) - Information Technology of the Courts

1. The courts maintain their own information technology systems and an independent IT department, separate from the cantonal administration (Courts' IT).

2. The courts primarily obtain basic services for information and communication technology (ICT basic services) from the cantonal service providers.

3. The courts participate in the central cantonal information technology committees.

1. The information technology of the courts is managed by the Court Council, the IT Committee, the Chief Administrative Officer of the Court of Appeals, the IT department of the courts, as well as the IT contact persons of the individual courts.

1. The Court Council manages the information technology of the courts and makes decisions of strategic significance.

2. The Court Council is particularly responsible for

a) the issuance of strategic guidelines and directives;

b) deciding which cantonal instructions are not applicable to the courts;

c) determining which services are not procured from cantonal service providers;

d) individual decisions with strategic significance or in the event of significant divergences among the various courts;

e) decisions referred to it by the IT Committee or upon application by an affected party.

1. The IT Committee supports the Judicial Council in the performance of its duties and promotes information exchange among the individual courts.

2. The IT Committee is particularly responsible for

a) preparing the affairs of the Judicial Council;

b) overseeing the implementation of the decisions of the Judicial Council and the necessary follow-up decisions;

c) deciding on the introduction and management of new and existing software affecting users but without strategic significance;

d) deciding on the level of equipment for workplaces with the necessary hardware;

e) deciding on IT services of the courts for third parties, provided that these do not have significant impacts on the resources of the courts' IT;

f) regularly exchanging information with the head of administration of the Appeals Court and with the courts' IT department.

3. The IT Committee maintains a record of decisions. It informs the Judicial Council and the IT contact persons of the individual courts about its decisions.

4. The decisions of the IT Committee may be reviewed by the Judicial Council.

1. The IT Committee is composed of the administrative head of the Appellate Court, the head of IT for the courts, as well as other members appointed by the Judicial Council with adequate representation of the individual courts, including at least one representative from the Civil Court, the Criminal Court, and the Social Insurance Court.

2. The IT Committee is chaired by the administrative head of the Appellate Court.

3. The IT Committee makes decisions by a majority of its members.

1. The Head of Administration of the Court of Appeals is in charge of the IT of the courts.

2. He or she has the following specific duties

a) Responsibility for planning, developing, and ensuring compliance with the IT strategy;

b) Ensuring the necessary IT services together with the IT of the courts;

c) Ensuring communication with the IT contacts of the individual courts;

d) Representing the courts in the central cantonal IT steering committee.

1. The IT of the courts is responsible for all information technology services necessary for the fulfillment of the courts' duties.

2. It particularly has the following tasks

a) Implementation of the decisions of the court council and the IT committee;

b) Participation in the development and implementation of the court council's IT strategy;

c) Development, procurement, provision, and maintenance of ICT applications (hardware and software);

d) Independent procurement of the necessary hardware and software - within the scope of assigned tasks and in compliance with the procurement law. This also applies to the selection of suppliers and support partners;

e) Compliance with and implementation of guidelines in the area of information security;

f) Regular contact with IT contact persons and court staff of the individual courts;

g) Operation of a hotline for users;

h) Training of users;

i) Technical coordination with the canton’s IT departments and participation in cantonal committees;

j) Compliance with financial guidelines;

k) Monitoring the development of cantonal directives and informing the IT committee;

l) Monitoring the development of technologies and security standards as well as informing the IT committee.

3. The IT of the courts is subordinate to the administrative director of the Appellate Court and is part of the Appellate Court.

1. Courts shall appoint a person responsible for IT needs, equipped with the relevant management skills.

2. This person shall have, in particular, the following duties

a) Knowledge of existing ICT applications and tools;

b) Informing staff about available applications and providing instructions on them;

c) Holding regular meetings and exchanging information with the courts' IT department;

d) Acting as a contact person for the courts' IT department;

e) Reporting the court's needs to the courts' IT department;

f) Participating in the implementation of IT requirements and guidelines.

1. The information technology of the courts follows the federal and cantonal legal requirements. The laws and regulations of the Canton of Basel-Stadt in the ICT sector are applicable, insofar as the courts are not expressly exempted from them.

2. The other guidelines and directives of the government council and the central cantonal IT steering body are adopted by the courts in their respective versions analogously, as long as they are in line with the needs of the courts.

3. The judicial council decides on deviations.

**1. The courts apply the Ordinance on Information Security (ISV) of December 13, 2016, with the following deviations:**

a) The Court Council bears overall responsibility for the information security of the courts (§ 3 para. 1 ISV);

b) In the event of a disagreement between the departmental representative for information security (ISBD) and the cantonal representative for information security (ISB), the Court Council shall, in consultation with the Steering Committee for Information Security, decide on exceptions to information security measures (§ 4 para. 3 ISV);

c) The courts participate in the Steering Committee for Information Security and the Commission for Information Security (pursuant to §§ 4 and 6 ISV);

d) The Court Council assumes the tasks and functions of a department. The head of IT of the courts assumes the tasks and functions of the ISBD (analogous to §§ 7 and 9 ISV).