Ordinance of April 12, 2006 on the Central Migration Information System (SYMIC) - Purpose (SYMIC)

This ordinance regulates the processing of personal data relating to the field of foreigners and asylum within the Central Migration Information System (SYMIC). It specifically establishes: a. the structure and content of the SYMIC; b. the notification obligations; c. the rights of access; d. the communication of data; e. data protection and IT security.

For the purposes of this ordinance, the following terms are defined as: a. data from the domain of foreigners: the data that are processed in the context of performing tasks in accordance with the following legislative acts or provisions: 1. the Federal Act of December 16, 2005, on Foreign Nationals and Integration (FNA), 2. the Act of June 20, 2014, on Swiss Citizenship (SCA), 3. the Agreement of June 21, 1999, between the Swiss Confederation, on one part, and the European Community and its Member States, on the other part, on the Free Movement of Persons, 4. the Agreement of June 21, 2001, amending the Convention establishing the European Free Trade Association (EFTA), 5. the Schengen and Dublin association agreements; these agreements are listed in Annex 4, 6. the Agreement of February 25, 2019, between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Citizens’ Rights following the withdrawal of the United Kingdom from the European Union and the cessation of the applicability of the Agreement on the Free Movement of Persons, 7. Arts. 66a and 66abis of the Criminal Code (CC) as well as Arts. 49a and 49abis of the Military Criminal Code of June 13, 1927 (MCC); b. data from the domain of asylum: the personal data that are processed in the context of performing tasks in accordance with the following legislative acts: 1. the Asylum Act of June 26, 1998 (AsylA), 2. the Convention of July 28, 1951, relating to the Status of Refugees, 3. the Convention of September 28, 1954, relating to the Status of Stateless Persons, 4. the Dublin association agreements; c. foreigners: persons who fall under the domain of foreigners and asylum; d. disappearance: a person under the domain of asylum is considered to have disappeared when they have not reported to the assigned canton or when they are not reachable at their residence during the asylum procedure; e. reappearance: reappearance occurs when a person under the domain of asylum, considered as disappeared, reports again to the competent cantonal authorities or becomes reachable again at their residence during the asylum procedure.

The SYMIC comprises the following subsystems: a. ... b. an electronic personal records and documentation management system (eDossier SYMIC).

Provided the user is authorized, automatic consultation of the following databases may occur in the SYMIC during a search concerning a person or before issuing an authorization: a. the National Visa Information System (ORBIS) established by the VIS Ordinance of December 18, 2013; b. the computerized police search system (RIPOL) established by the RIPOL Ordinance of October 26, 2016; c. the Schengen Information System (SIS) established by the N-SIS Ordinance of March 8, 2013; d. the Automated Search Facility database of Interpol (ASF-Interpol) established by the Interpol Ordinance of June 21, 2013; e. the computerized criminal records system (VOSTRA) established by the Criminal Records Act of June 17, 2016.

For billing purposes, the SYMIC has an interface with the financial information system used by the State Secretariat for Migration (SEM).

SYMIC comprises two parts: a. a general part, which contains basic data accessible to all authorized users; b. a special part, whose data is accessible to authorities and third parties mandated in accordance with their legal duties (access profiles).

The basic data in the general part includes the following categories of personal data: a. the identity of the person concerned (names, first names, assumed names, date of birth, gender, nationality, civil status); b. the personal number; c. the AHV number.

Annex 1 exhaustively defines the data processed in SYMIC and establishes the authorizations to consult or process data.

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Cantonal and communal authorities responsible for matters relating to foreigners, the authorities responsible for the execution of criminal deportations, and the cantonal and communal labor market authorities must promptly report: a. the short-term or initial residence permits granted, as well as their renewal, extension, modification, or revocation, and preliminary decisions concerning the labor market; b. the conversion of short-term permits; c. employment commencements, as well as changes of employment and profession within the canton; d. terminations of employment contracts reported by the employer; e. the arrival and departure of foreigners, as well as their change of residence; f. newly granted settlement permits; g. the extension of the control period for the booklets of settled foreigners and other data listed in these booklets; h. births and deaths; i. adoptions; j. ordinary naturalizations, determinations of municipal citizenship rights, and cancellation decisions; k. changes and corrections of identity; l. addresses of employers requesting a permit; m. posted workers within the meaning of Art. 1 of the Federal Act of October 8, 1999, on posted workers, as well as other workers and self-employed persons who are not required to justify a residence or short-term permit; n. the disappearance and reappearance of persons under the asylum domain; o. removal decisions and any delays or postponements in their execution, or their suspension; p. criminal deportations with an execution order and those whose execution is postponed, as well as the lifting of such a postponement.

Cantonal and communal social assistance authorities must report the disappearance and reappearance of persons under the asylum domain.

The following authorities shall report the following data: a. the State Secretariat of the Federal Department of Foreign Affairs (FDFA), Swiss representations abroad as well as missions: in accordance with the SEM guidelines, personal data concerning issued visas insofar as this data is necessary for the execution of tasks prescribed by the Federal Act on Foreign Nationals (LEI) and the Schengen Association Agreements; b. border posts: personal data related to rejections and the issuance of exceptional visas; the State Secretariat for Migration (SEM) issues guidelines on this matter; c. the competent federal and cantonal authorities: lists of foreigners for whom a thorough examination of a potential entry and residence application is necessary.

The SEM may collect information on foreigners who have left Switzerland or have no known place of residence there and who do not fulfill their public law obligations or alimony debts.

Personal data may be reported: a. online through the web application; b. electronically via the appropriate interfaces; c. in paper form using a reporting form.

The SEM determines the conditions under which personal data may be communicated by computer means and how they must be verified before online transmission (plausibility tests).

It immediately records the communicated data in the SYMIC.

The Federal Administrative Court regularly transmits to the SEM, in electronic form, data on the appeals filed and on the decisions rendered.

The SEM may grant the following authorities direct access via the appeal procedure to data pertaining to foreign nationals: a. cantonal and communal authorities responsible for issues related to foreign nationals, cantonal and communal police authorities as well as cantonal and communal authorities competent in matters of employment and nationality, so they can perform the tasks entrusted to them in the field of foreign nationals, as well as cantonal and communal police authorities, so they can proceed with the identification of persons; abis. authorities responsible for the execution of expulsions under Arts. 66a or 66abis CP or 49a or 49abis CPM, so they can register them as alerts for return or non-admission and entry bans in the national section of the Schengen Information System; b. the following services of the Federal Office of Police (fedpol): 1. the Law and Measures Division, exclusively to decide on removal measures to safeguard internal and external security in Switzerland in accordance with the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security (LMSI), and to examine removal measures in accordance with LEI, 2. the service responsible for managing RIPOL, exclusively for identifying persons in connection with the control of RIPOL entries as per the RIPOL Ordinance of 26 October 2016, 3. services responsible for Interpol correspondence, the Central Deployment Division, and the SIRENE bureau, exclusively for identifying persons in the realm of police information exchange at inter-cantonal and international levels, notably in cooperation with the European Police Office (Europol), and for examining removal measures intended to safeguard Swiss internal and external security, 4. competent services of the Federal Criminal Police, exclusively – for the identification of persons within the framework of administrative assistance, during security police and criminal justice investigations, and in the field of inter-cantonal and international police information exchange, – for examining the suitability of a person for inclusion in a witness protection program and for establishing a risk analysis, 5. the service responsible for identity documents and missing persons searches, exclusively for searches regarding individuals' residences, 6. the service managing the AFIS, exclusively for identifying persons as per Art. 102, Para. 1 LEI, 7. the service in charge of the Money Laundering Reporting Office, exclusively for identifying persons and their legal status in relation with its legal obligations to counter money laundering, organized crime, and terrorist financing under Art. 23 of the Federal Act of 10 October 1997 on Combating Money Laundering, 8. the service responsible for the tasks provided by the Federal Act of 25 September 2020 on Precursors to Explosive Substances (LPSE), exclusively for identifying persons when processing requests for acquisition permits and exceptional permits, verifying these permits, and handling reports of suspicious events; c. the following services of the Federal Office of Justice (OFJ): 1. the Division of International Mutual Legal Assistance, in relation to international mutual legal assistance proceedings in accordance with the Federal Act of 20 March 1981 on International Mutual Legal Assistance in Criminal Matters, 2. the Private Law Directorate, in relation to proceedings governed by the Federal Act of 21 December 2007 on International Child Abduction and The Hague Conventions on the Protection of Children and Adults (LF-EEA); d. the Federal Administrative Court for instructing appeals in accordance with LEI; e. border posts of the cantonal police and the Border Guard Corps, so they can conduct identity checks, issue exceptional visas, and report departures of individuals subject to leave the Schengen area; f. Swiss representations abroad and missions, for examining visa applications and performing tasks entrusted to them under nationality law; g. the State Secretariat, the Political Directorate, and the Consular Directorate of the FDFA, so they can examine visa applications falling within the department's competence; h. the Compensation Office, for examining benefit claims and assigning and verifying AVS numbers; i. cantonal tax authorities to perform tasks related to deduction at source; j. tripartite commissions identified as control bodies and in Art. 7, Para. 1, Lett. b, of the Federal Act of 8 October 1999 on Posted Workers, for tasks defined in Art. 11 of the Ordinance of 21 May 2003 on Posted Workers in Switzerland; k. civil status offices, cantonal civil status supervisory authorities, and the Federal Civil Status Office, for the purpose of identifying persons in relation to civil status events, marriage celebrations, or partnership registrations, and to prevent the circumvention of foreign nationals law as per Art. 97a, Para. 1, of the Civil Code and Art. 6, Para. 2, of the Federal Act of 18 June 2004 on Registered Partnerships; l. cantonal asylum and refugee coordination services, exclusively for granting social assistance under the LAsi; m. registers services as per Art. 2 of the Federal Act of 23 June 2006 on Harmonization of Registers in the context of register harmonization and AVS number updating; n. the Federal Intelligence Service (SRC): 1. for identifying persons in order to timely detect and prevent threats to internal or external security as per Art. 6, Para. 1, Lett. a, of the Federal Act of 25 September 2015 on Intelligence (LRens), 2. to perform tasks related to assessing threats to internal or external security as per LN, LEI, and LAsi, 3. to examine removal measures in accordance with LEI; o. the Federal Tax Administration for tasks related to: 1. the collection of VAT on services subject to tax within Swiss territory (tax on domestic transactions) and on the acquisition, by a recipient located within Swiss territory, of services provided by a foreign-based company (tax on acquisitions), as well as the enforcement of withholding tax, 2. the execution of criminal proceedings, as well as mutual administrative and judicial assistance proceedings; p. the Federal Office of Customs and Border Security (OFDF) for performing tasks related to: 1. the collection of VAT on imports (import tax), 2. the identification of persons in the primary division of Customs Anti-Fraud; q. ... r. the Federal Social Insurance Office, for fulfilling tasks as: 1. competent authority in administrative assistance in accordance with Art. 76, Para. 2, of regulation (EC) No 883/2004, 2. liaison body in the implementation of administrative assistance for family benefits according to Arts. 67 to 69 of regulation (EC) No 883/2004; s. cantonal authorities for the execution of penal sanctions, for case management and the enforcement of judgments and charges as per CP; t. the Federal Public Prosecutor, for address searches relating to the execution of judgments.

The SEM may grant the following authorities direct access through retrieval procedures to data pertaining to the asylum sector: a. cantonal and communal authorities responsible for matters concerning foreigners, cantonal and communal police authorities, asylum and refugee coordination services, and authorities competent in matters of employment, so they can fulfill the tasks assigned to them in the field of asylum, as well as cantonal and communal police authorities for the identification of individuals; b. the following services of fedpol: 1. the Legal Service, exclusively for deciding on expulsion measures to safeguard Switzerland's internal and external security in accordance with the LMSI; 2. the service responsible for managing RIPOL, exclusively for identifying individuals in the context of RIPOL seizure controls as defined by the RIPOL ordinance of 26 October 2016; 3. services handling Interpol correspondence, the central commitment division, and the SIRENE bureau, exclusively for identifying individuals in the context of tasks related to the inter-cantonal and international exchange of police information, notably in collaboration with Europol; 4. competent services of the Federal Criminal Police, exclusively: – for the identification of individuals within the scope of administrative assistance, during investigations by the security police and the judicial police, and in the area of inter-cantonal and international exchange of police information, – for verifying a person's suitability for participation in a witness protection program and for establishing a risk analysis; 5. the service responsible for identity documents and missing person searches, exclusively for inquiries concerning the residence of individuals; 6. the service in charge of managing AFIS, exclusively for the identification of individuals as per art. 99 LAsi; 7. the service responsible for the Money Laundering Reporting Office, exclusively for the identification of individuals and their legal status, in relation to its legal obligations to combat money laundering, organized crime, and the financing of terrorism as per art. 23 of the Federal Act of 10 October 1997 on Money Laundering; 8. the service carrying out tasks planned by the LPSE, exclusively for identifying individuals when processing requests for acquisition authorization and exceptional authorization, verifying these authorizations, and handling reports of suspicious events; c. the following services of the Federal Office of Justice (FOJ): 1. the Division of International Mutual Legal Assistance, in connection with international mutual legal assistance procedures according to the Federal Act of 20 March 1981 on International Mutual Legal Assistance in Criminal Matters; 2. the Management Domain of Private Law, in connection with procedures governed by the LF-EEA; d. the Federal Administrative Court, for the examination of appeals in accordance with the LAsi; e. border posts of the cantonal police forces and the Border Guard Corps, so they can conduct identity checks and issue exceptional visas; f. the Federal Audit Office, to ensure financial oversight; g. the Compensation Office, to examine benefit claims and allocate and verify AVS numbers; h. cantonal tax authorities, to perform tasks related to withholding tax collection; i. civil registry offices, cantonal supervisory authorities of civil status, and the Federal Civil Status Office, for the identification of individuals concerning civil registration events, in view of marriage celebration or partnership registration, and to prevent circumvention of foreign law referred to in arts. 97a, para. 1, of the Civil Code and 6, para. 2, of the Act of 18 June 2004 on Partnership; j. services responsible for registries as per art. 2 of the Act of 23 June 2006 on the Harmonization of Registers within the context of registers harmonization and AVS number updating; k. the SRC, exclusively to identify individuals for detecting and preventing threats to internal or external security as per art. 6, para. 1, let. a, LRens, and to perform threat assessment tasks concerning internal or external security as per the LN, LEI, and LAsi; l. the Federal Tax Administration to undertake tasks related: 1. to the collection of value-added tax on services provided for a fee on Swiss territory (tax on transactions carried out on Swiss territory) and on the acquisition, by a recipient located on Swiss territory, of services provided by an enterprise based abroad (acquisition tax), as well as the enforcement of withholding tax, 2. to the execution of criminal procedures, and administrative and judicial assistance procedures; m. the OFDF for conducting tasks related: 1. to the collection of value-added tax on the importation of goods (import tax), 2. for identifying individuals within the main division of Customs Anti-Fraud; n. ... o. Swiss representations abroad and missions, for verifying the existence of an asylum procedure concerning an applicant; p. the State Secretariat, Political Directorate, and Consular Directorate of the FDFA, for verifying the existence of an asylum procedure concerning an applicant; q. cantonal authorities executing penal sanctions, for case management and the enforcement of judgments and charges as outlined by the CP; r. the Swiss Federal Prosecutor's Office, for the search of addresses to enforce judgments.

The SEM ensures that third parties mandated under Art. 11 of the Federal Act on Foreign Nationals (LDEA) adhere to the applicable data protection and IT security regulations.

The examination takes place firstly during the procedure for granting access rights and secondly through access logging. The logged data can be analyzed by sampling or in cases of suspicion. The SEM may require mandated third parties to provide information on the security measures they have implemented.

The SEM specifically determines: a. which data the mandated third party needs for the fulfillment of its legal tasks; b. how to use the data; c. the selection of individuals authorized to process the data; d. how to protect the data.

It may restrict or revoke access authorization when the mandated third party does not comply with the applicable data protection and IT security regulations.

The FDJP shall regulate the procedure for granting access rights to the SYMIC.

The SEM may, in a specific case or periodically, transmit personal data processed in the SYMIC, in the form of databases or lists, to the following authorities or organizations so that they can perform their legal duties: a. the authorities referred to in Articles 9 and 10; b. the mandated third parties referred to in Article 11 of the Federal Act on Foreign Nationals and Integration (LDEA); c. the Swiss Refugee Aid Organization, so that it can coordinate the tasks assigned under the Asylum Act (LAsi) to recognized relief agencies; d. the Swiss Compensation Office and the cantonal compensation offices, so that they can perform their tasks related to the financing and possible reimbursement of minimum AHV contributions for asylum seekers who are not gainfully employed.

Only the personal data mentioned in annex 2 are communicated to the authorities and services referred to in paragraph 1, letters c and d.

Data deliveries executed pursuant to the Ordinance of June 30, 1993, concerning the execution of federal statistical surveys and the Ordinance of November 21, 2007, on the harmonization of registers, are carried out via sedex or by means of electronic data carriers.

The data referred to in Article 5, paragraph 2, letter a, are continuously communicated in the form of databases to the Federal Statistical Office's UPI register.

The SEM may communicate anonymized data: a. to Swiss authorities and to persons commissioned by them to conduct planning studies, for planning and statistical purposes; b. to Swiss universities and their institutes, for scientific purposes; c. to private organizations, for scientific and planning purposes.

The SEM transmits to the concerned individuals the inquiries concerning them, originating from foreign authorities, private individuals, or private organizations, for a potential response. It makes them aware that there is no obligation to respond to these requests and that the SEM will not communicate the requested information on its own initiative.

It may only communicate the address and, concerning individuals within the field of foreigners, the type of residence permit, to foreign authorities, private individuals, and private organizations, when the inquirer establishes with sufficient probability that the concerned foreign national has refused to provide the information to evade rightful legal claims or to prevent the safeguarding of other interests worthy of protection. The SEM invites the concerned individual to express their opinion in advance, as far as this is possible and reasonably admissible.

The SEM appoints an advisor for data protection and IT security. This advisor regularly checks the accuracy and security of the data in SYMIC.

In a processing regulation, they specifically establish the organizational and technical measures to be taken to prevent unauthorized data processing and to ensure the automatic logging of data processing and consultation.

Data security is governed by: a. the Ordinance of August 31, 2022, on Data Protection (OPDo); b. the Ordinance of November 8, 2023, on Information Security.

The SEM, the authorities mentioned in Articles 9 and 10, the Federal Office of Statistics, the Swiss Refugee Aid Organization, third parties commissioned for the management of security accounts under the Asylum Act (LAsi), the Swiss Compensation Office, and the cantonal compensation offices each take, within their sector, the organizational and technical measures necessary to ensure data security.

Data that are no longer in use are offered to the Federal Archives. Data deemed of no archival value by the Federal Archives are destroyed.

Data relating to the asylum domain are archived in all cases.

Two years after the naturalization of a person in Switzerland, their data are accessible only to SEM staff responsible for matters of nationality. All data relevant to nationality are offered to the Federal Archives when 50 years have passed since the naturalization of the foreign national or the last naturalization application.

The SEM destroys personal data from SYMIC that have no archival value according to the following regulations: a. in case of adoption, the names of foster parents are replaced by the child's name as soon as they become known: all data related to the child and their foster parents must be destroyed no later than one month after the adoption announcement; b. if the stay of the child placed or placed for adoption is not regularized, the data regarding the decision of entry concerning them are destroyed after 26 months; c. five years after death; d. fifteen years after the end of the stay in Switzerland; e. data on commitments referred to in Art. 19, para. 4, let. b, and Art. 34 of the October 24, 2007 Ordinance on Admission, Stay, and the Pursuit of Gainful Activity (OASA) are destroyed after ten years; f. commitment declarations are destroyed after five years; g. biometric data specific to the residence permit are deleted upon each new entry of biometric data or, at the latest, five years after data entry; h. data related to Swiss travel documents for foreigners are destroyed twenty years after the first recording.

If a removal measure is listed in a case referred to in para. 4, let. d, personal data are destroyed no earlier than five years after the expiration of said measure.

The rights of the data subjects, notably the right of access, the right to be informed about the collection of personal data, and the right to rectify and delete data, are governed by the provisions of the Federal Act of 25 September 2020 on Data Protection (FADP), and the Federal Act of 20 December 1968 on Administrative Procedure and by Art. 111e to 111g of the Federal Act on Foreign Nationals and Integration (FNIA).

If a data subject wishes to exercise their rights, they must submit a request to the State Secretariat for Migration (SEM) in the form prescribed in Art. 16 of the Ordinance on Data Protection (ODP).

Inaccurate data must be corrected automatically.

In collaboration with the Federal Office of Statistics, the SEM generates periodic statistics as part of fulfilling its legal duties based on data recorded in the SYMIC. The statistics must not be used under any circumstances to reconstruct personal data through cross-referencing.

It provides the Confederation, cantonal, and municipal authorities with the statistics they need to perform tasks prescribed by the LEI, the LAsi, the LN, the agreement on the free movement of persons with the EC, the Convention establishing EFTA, as well as the Schengen and Dublin association agreements.

It publishes the most important statistics.

Upon request and to meet their needs, it may provide additional statistics to authorities, individuals, or organizations. It may also prepare special statistics for them.

It collaborates in the preparation of the annual federal statistics on population, migration, and gainful employment. To allow the Federal Office of Statistics to fulfill its duties in accordance with the Ordinance of June 30, 1993, on Statistical Surveys, it provides: a. at regular intervals, data on the recorded foreign population in the SYMIC and its evolution; b. data on asylum seekers, persons granted provisional admission, and refugees, which are necessary for preparing social assistance statistics.

It may authorize services with online access to the SYMIC to generate statistics based on the data they have recorded themselves.

With the assistance of SYMIC, the SEM periodically verifies the permits issued as well as the number of the foreign population.

The cantonal authorities responsible for matters related to foreigners, as well as the authorities in charge of monitoring foreigners in the municipalities, collaborate in the control tasks. For this purpose, the SEM provides them with lists of foreigners and permits, indicating their expiration dates.

The SEM charges a fee of 40 francs for an address request submitted by an individual or a private organization as defined in Art. 15, para. 2. It charges a fee covering its costs: a. when it provides additional statistics to individuals or private organizations or produces them specifically for their purposes (Art. 20, para. 4); b. when it produces special statistics for authorities, individuals, or organizations in accordance with Arts. 14 and 20, para. 4, and if it results in significant costs or workload. If a person causes the incorrect entry of data, the costs of rectification may be charged to them. Otherwise, the general provisions of the Fee Ordinance LEI of October 24, 2007, are applicable.

The Ordinance of 23 November 1994 on the Central Register of Foreigners is repealed.

The amendment to the current law is addressed in Annex 3.

The amendment of November 21, 2007, shall come into force simultaneously with Art. 6, let. a, and Art. 13, para. 1, as well as Sections 1 to 3 of the annex to the Law of June 23, 2006, on the Harmonization of Registers.

The AVS number of individuals already registered in SYMIC at the time of the initial comprehensive assignment and communication of the AVS number shall be entered: a. for foreign nationals holding a valid residence permit for more than four months, b. for persons within the asylum domain whose files have not yet been processed to completion.

The procedure for the initial comprehensive update and communication of the AVS number to SYMIC is governed by Art. 133 bis and Art. 134 quater of the Regulation of October 31, 1947, on Old-Age and Survivors' Insurance.

Subject to para. 2, the present ordinance comes into force on May 29, 2006.

The following data fields in Annex 1 come into force on January 1, 2007: – “Nationality of the registered partner” (ch. IV, 2, a); – “Registered partner is Swiss” (ch. IV, 2, a); – “Category of foreigner of the registered partner” (ch. IV, 2, d); – “Date of birth of the registered partner” (ch. IV, 2, i); – “Registered partner is Swiss” (ch. IV, 2, i).