Federal Act of June 20, 2003 on the Common Information System for the Domains of Foreign Nationals and Asylum (CISFNA) - Purpose (BGIAA)

This Act establishes an information system that facilitates the processing of personal data concerning foreign nationals and asylum matters.

Articles 101, 102, 103, 104 to 107, 110, and 111a to 111i of the Federal Act of December 16, 2005 on Foreign Nationals and Integration (FNIA), Articles 96 to 99, 102 to 102a bis, and 102b to 102e of the Asylum Act of June 26, 1998 (AsylA), as well as Article 44 of the Nationality Act of June 20, 2014 (NA), are reserved.

The State Secretariat for Migration (SEM) manages the information system to fulfill its legal duties.

The information system enables the uniform processing of data related to the identity of foreigners, including those in the field of asylum.

It assists the SEM in performing the following tasks in the field of foreigners: a. managing the records of registered persons; b. issuing residence permits, Swiss travel documents, and return authorizations for registered persons, including those containing biometric data; c. controlling the conditions of entry and residence of foreigners in accordance with the provisions of the FNA, the Agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other, the European Community and its Member States, on the free movement of persons (Agreement on the Free Movement of Persons), the Agreement of 21 June 2001 amending the convention establishing the EFTA, the Schengen Association Agreements, and the Dublin Association Agreements; the Schengen and Dublin Association Agreements are mentioned in the annex; d. issuing and controlling visas; e. allocating quotas among the cantons; f. implementing measures to encourage the integration of foreigners; g. performing tasks prescribed by the NAA; h. processing personal data related to removal measures; i. implementing the Agreement on the Free Movement of Persons and the Agreement of 21 June 2001 amending the convention establishing the EFTA; j. simplifying procedures through electronic access to SEM foreigners' records; k. executing tasks defined by the Detached Workers Act of 8 October 1999.

It assists the SEM in performing the following tasks in the field of asylum: a. managing the records of registered persons; b. issuing residence permits, Swiss travel documents, and return authorizations for registered persons, including those containing biometric data; c. obtaining travel documents and organizing departures under the context of deportation and expulsion procedures; d. reimbursing social aid costs borne by the cantons, in accordance with the Asylum Act; e. implementing measures to encourage the integration of individuals in the field of asylum; f. evaluating socio-political measures supported by the SEM; g. the application of the obligation to provide securities and reimburse costs under Articles 85 to 87 of the Asylum Act; h. determining the State responsible for conducting the asylum procedure under the Dublin Association Agreements; i. simplifying the asylum procedure through electronic access to asylum seekers' records; j. processing personal data related to removal measures.

Furthermore, the information system allows the establishment of statistics, control of the procedure and execution of deportations, and management of accounting.

For control purposes and for establishing statistics on removal measures taken against foreigners under the Asylum Act, the FNA, the Agreement on the Free Movement of Persons, the Criminal Code (CC), and the Military Criminal Code of 13 June 1927 (MCC), the following data are recorded in the information system: a. the decisions referred to in Article 68 a, paragraphs 1 and 2, of the FNA, and the deportation orders issued against nationals of the EU/EFTA; b. the imposition of an expulsion within the meaning of Articles 66 a or 66 a bis CC or 49 a or 49 a bis MCC (criminal expulsion); c. the deferral of the execution of the criminal expulsion; d. the lifting of the deferral of the execution of the criminal expulsion; e. the relinquishment of the imposition of a mandatory criminal expulsion within the meaning of Articles 66 a, paragraphs 2 and 3, CC, or 49 a, paragraphs 2 and 3, MCC; f. in the case of a criminal expulsion ordered in Switzerland: the actual departure date or the date set by the enforcement authority, as well as the reason for departure: removal, extradition, transfer for enforcement of a sanction abroad; g. the offenses committed; h. voluntary or forced departure; i. the state to which the foreigner is forcibly removed; j. the reasons leading to the removal measures.

The data referred to in paragraph 4 bis are automatically transferred from VOSTRA unless they are already available in SYMIC.

The AVS number within the meaning of Article 50 c of the Federal Act of 20 December 1946 on Old-Age and Survivors Insurance serves for the electronic exchange of data between official person registers.

The information system contains: a. data relating to the identity of registered persons; abis. photographs, fingerprints, and signatures (biometric data); b. data relating to the duties of the SEM mentioned in Art. 3, paras. 2 and 3; c. ... d. a sub-system containing the files of procedures in the areas of foreign nationals and asylum in electronic form; e. audio recordings for the purpose of linguistic assessments in the field of asylum; f. the mention "medical case" for the allocation of asylum seekers among the cantons; g. the mention of any disabilities, prostheses, or implants if requested by the person. Sensitive data, as defined in Art. 5, let. c, of the Federal Act of 25 September 2020 on Data Protection (DPA), may be processed in the information system, provided that the fulfillment of the tasks mentioned in Art. 3 of this Act depends on it.

The SEM is responsible for the security of the information system and the legality of the processing of personal data.

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Requests aimed at obtaining the right of access to personal data (Art. 25 FADP) and those aimed at rectifying inaccurate data (Art. 41, para. 2, let. a, FADP) must be addressed to the SEM.

Appeals are governed by Art. 41 FADP and must be addressed to the SEM.

The SEM processes personal data within the information system, in cooperation with the authorities and services listed in Art. 9, para. 1, let. e, f, and m to o, and para. 2, let. e and m to o, and with the assistance of the cantons.

It ensures the accuracy of the personal data it processes (Art. 6, para. 5, FADP).

In accordance with the Agreement of 6 November 1963 between Switzerland and the Principality of Liechtenstein on the regulations applicable to the policing of foreign nationals pertaining to third-country nationals in the Principality of Liechtenstein, as well as on cooperation in the area of foreign nationals' policing, the competent authorities of the Principality of Liechtenstein are treated, in the domain of foreign nationals' policing, as cantonal authorities.

The Federal Council determines the personal data that the authorities mentioned in para. 1 are authorized to process within the information system.

In order to fulfill their legal duties, the following authorities and services are authorized to directly input biometric data into the information system: a. the SEM; b. third parties commissioned by the SEM to establish, in registration and procedure centers, the identity of applicants or persons to be protected; c. authorities issuing residence permits; d. authorities commissioned by the SEM to input biometric data within the scope of travel documents; e. cantonal migration authorities.

The input of biometric data and its transmission to centers responsible for the production of residence permits or travel documents may be partially or wholly delegated to third parties.

To fulfill their legal duties, the following authorities and services are authorized to process biometric data in the information system: a. the SEM; b. third parties commissioned by the SEM for security in registration and procedure centers; c. authorities issuing residence permits or travel documents; d. cantonal migration authorities; e. the Border Guard Corps; f. cantonal and communal police authorities; g. the SIRENE bureau of fedpol; h. the Federal Intelligence Service.

Authorities transmit to the center responsible for producing residence permits or travel documents the data necessary for the execution of its mandate.

The federal authorities responsible for handling appeals related to foreign nationals law and asylum law regularly transmit to the SEM, in electronic form, the data on filed appeals and the decision rendered.

The following data may be automatically transmitted to the system for return implementation provided for in Art. 109 f FNIA: a. the name, first name, gender, date and place of birth, nationality, ethnicity, religion, mother tongue, marital status, and address of the foreign national, as well as the names of their parents; b. biometric data; c. the part of the electronic file concerning return according to Art. 4, para. 1, let. d; d. the place, duration, and nature of detention.

The SEM may grant the following authorities and services online access to the data concerning foreign nationals that it has processed or caused to be processed in the information system: a. cantonal and communal authorities responsible for issues relating to foreign nationals as well as cantonal and communal police authorities, cantonal social assistance authorities, and cantonal authorities competent in matters of employment and nationality, to enable them to carry out their tasks in the field of foreign nationals; cantonal and communal police authorities, to enable them to identify persons; abis. authorities responsible for the execution of an expulsion ordered in accordance with Art. 66 a or 66 a bis of the Penal Code (PC) or 49 a or 49 a bis of the Military Penal Code of June 13, 1927 (MPC); b. ... c. federal authorities competent in the field of internal security, exclusively to enable them to identify persons within the framework of: 1. the exchange of police information, 2. security police or criminal police investigations, 3. extradition procedures, 4. judicial assistance and administrative assistance, 5. delegation of the pursuit and prosecution of an offense, 5bis. transfer of convicted persons, 5ter. delegation of the execution of penalties and measures, 6. combating money laundering, drug trafficking, and organized crime, 6bis. combating the misuse of precursors of explosive substances, 7. checking of identification documents, 8. searches for missing persons, 9. checking of entries in the computerized police search system referred to in Art. 15 of the Federal Act of June 13, 2008, on the Confederation’s Police Information Systems (PCIS); d. competent federal appeal bodies to enable them to process appeals they receive; e. the Border Guard Corps and the border posts of the cantonal police to enable them to carry out identity checks and issue exceptional visas; f. Swiss representations and missions abroad to enable them to process visa applications and perform the tasks assigned to them under nationality law; g. the State Secretariat and the Political Directorate of the Federal Department of Foreign Affairs to enable them to process visa applications under the competence of the Federal Department of Foreign Affairs; h. the Compensation Office to enable it to process benefit applications and assign and verify AHV numbers; i. cantonal tax authorities to enable them to perform tasks related to withholding tax collection; j. civil status offices and their supervisory authorities for purposes of identifying persons in connection with civil status events, for marriage celebration or partnership registration, and to prevent circumvention of foreign national law as per Art. 97 a, para. 1, of the Civil Code and Art. 6, para. 2, of the Act of June 18, 2004, on Partnerships; k. the Witness Protection Service, under the Federal Act of December 23, 2011, on Extra-procedural Witness Protection, to carry out its tasks; l. the Federal Intelligence Service: 1. to identify persons to timely detect and prevent threats to internal or external security as per Art. 6, para. 1, lit. a, of the Federal Act of September 25, 2015, on Intelligence (LInt), 2. to carry out its threat assessment tasks for internal or external security as per Art. 14, lit. d, LN, of the FNA and the Asylum Act (AA), 3. to examine the removal measures covered by the FNA; m. the center responsible for producing travel documents; n. the authorities or services designated by the cantons, for receiving travel document application requests; o. the authorities or services designated by the cantons, to take photographs and collect fingerprints of foreign nationals in connection with the issuance of travel documents; p. the Federal Office of Police, to examine removal measures taken under the FNA.

The SEM may grant the following authorities and services online access to the data concerning asylum that it has processed or caused to be processed in the information system: a. cantonal and communal authorities responsible for issues relating to foreign nationals as well as cantonal and communal police authorities, cantonal social assistance authorities, and cantonal authorities competent in matters of employment, to enable them to carry out their tasks in the field of asylum; cantonal and communal police authorities, to enable them to identify persons; b. authorities responsible for the execution of an expulsion ordered in accordance with Art. 66 a or 66 a bis PC or 49 a or 49 a bis MPC; c. federal authorities competent in the field of internal security: 1. exclusively to enable them to identify persons within the framework of the exchange of police information, security police or criminal police investigations, extradition procedures, judicial assistance and administrative assistance, delegation of the pursuit and prosecution of an offense, combating money laundering, drug trafficking, and organized crime, combating misuse of precursors of explosive substances, checking identification documents, searches for missing persons, checking of entries in the computerized police search system referred to in Art. 15 PCIS and examination of unworthiness under Art. 53 AA, 2. to enable them to carry out the tasks assigned to them under Art. 99 AA; d. competent federal appeal bodies to enable them to process appeals they receive under the AA; e. the Border Guard Corps and the border posts of the cantonal police to enable them to carry out identity checks and issue exceptional visas; f. the Federal Audit Office to ensure financial oversight; g. the Compensation Office to enable it to process benefit applications and assign and verify AHV numbers; h. cantonal tax authorities to enable them to perform tasks related to withholding tax collection; i. civil status offices and their supervisory authorities for identification purposes relating to civil status events, for marriage celebration or partnership registration, and to prevent circumvention of foreign national law as per Art. 97 a, para. 1, of the Civil Code and Art. 6, para. 2, of the Act of June 18, 2004, on Partnerships; j. the Witness Protection Service, under the Federal Act of December 23, 2011, on Extra-procedural Witness Protection, to carry out its tasks; k. the authorities competent in visa matters, to determine the existence of an asylum procedure concerning a visa applicant in the context of his application review; l. the Federal Intelligence Service, exclusively to enable it to identify persons to timely detect and prevent threats to internal or external security as per Art. 6, para. 1, lit. a, LInt, and to perform its threat assessment tasks for internal or external security as per Art. 14, lit. d, LN, of the FNA and AA; m. the center responsible for producing travel documents; n. the authorities or services designated by the cantons, to receive travel document application requests; o. the authorities or services designated by the cantons, to take photographs and collect fingerprints of foreign nationals in connection with the issuance of travel documents.

The decision to authorize the authorities mentioned in Art. 9 to access the information system is made by the SEM. ...

Agents of an authority authorized to access the information system are granted, upon request, access only to the data necessary for them to carry out the tasks specified in Art. 9.

If the SEM or one of the authorities referred to in Art. 7, para. 1, delegates the performance of certain tasks provided for by the Foreign Nationals Act (LEI), the Asylum Act (LAsi), or the Naturalization Act (LN) to a third party, based on a legal authorization, the competent office pursuant to Art. 3, para. 2 or 3, may grant this third party online access to the personal data processed in the information system necessary for performing these tasks.

The SEM ensures that the mandated third parties comply with the applicable data protection and IT security regulations.

The Federal Council regulates the modalities.

For the purposes of rationalization, the Federal Department of Justice and Police may authorize the competent cantonal authorities to transfer into their information system the data of individuals who fall under their jurisdiction pursuant to the Foreign Nationals and Integration Act, the Asylum Act, or the Citizenship Act.

The request must be submitted to the State Secretariat for Migration (SEM).

The SEM may communicate, in the form of electronic files or lists, personal data pertaining to the domain of foreign nationals that it has processed or had processed in the information system to the following authorities or organizations so that they may carry out the tasks assigned to them under the law: a. the authorities referred to in Art. 9, para. 1; b. the federal authority responsible for statistics pursuant to the Act of 9 October 1992 on Statistics; c. the mandated third parties referred to in Art. 11.

It may communicate, in the form of electronic files or lists, personal data pertaining to the domain of asylum that it has processed or had processed in the information system to the following authorities or organizations so that they may carry out the tasks assigned to them under the law: a. the authorities referred to in Art. 9, para. 2; b. the federal authority responsible for statistics pursuant to the Act of 9 October 1992 on Statistics; c. the mandated third parties referred to in Art. 11; d. the Swiss Refugee Council, so that it may coordinate the tasks assigned under AsylA to the authorized aid organizations; e. the mandated third parties for the management of security accounts under AsylA, so they can fulfill their tasks; f. the Swiss Compensation Fund and the cantonal compensation funds, so that they may fulfill their tasks in financing the minimum AVS contributions for asylum seekers not engaging in gainful employment.

The SEM may, on a case-by-case basis and upon a duly justified written request, disclose personal data recorded in the information system to other authorities who need the data to perform tasks assigned to them under the law.

The communication of personal data abroad is governed by Arts. 16 and 17 of the Federal Act on Data Protection (FADP); Arts. 105 to 107, 111a to 111d and 111i of the Federal Act on Foreign Nationals and Integration (FNA); and Arts. 97, 98, 102abis, 102b, and 102c of the Asylum Act (AsylA).

Within their domain of competence, the cantonal data protection authorities ensure compliance with data protection regulations.

The Federal Council shall enact implementation provisions. It shall define, in particular: a. the categories of personal data processed and the rights of access (right to view and right to process); b. the technical and organizational protection measures intended to prevent the processing of data by unauthorized third parties; c. the data retention period; d. the anonymization and destruction of personal data after the expiration of the retention period.

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Until their repeal upon the introduction of the new national visa information system, Art. 4, para. 1, let. c, and Art. 8a shall read as follows: ...

This Act is subject to a referendum.

The Federal Council determines the date of entry into force.Date of entry into force: 29 May 2006