Ordinance on Video Surveillance of Public and Publicly Accessible Spaces (Video Surveillance Ordinance, VBÜ) (Bildüberwachungsverordnung, VBÜ) (OSI)

1. The Cantonal Police is responsible for ordering and conducting video surveillance in accordance with Article 14, Paragraph 1, Letter a of the Cantonal Data Protection Law.

1. If a general order is required for video surveillance pursuant to Article 14 paragraph 1 letter b of the Cantonal Data Protection Act, it shall be issued by

a) the government;

b) the court concerned;

c) the competent department;

d) the chancery;

e) the governing body of other public task entities.

2. In cases according to Article 15 paragraph 4 of the Cantonal Data Protection Act, the cantonal authorities that use the building to be monitored to fulfill a public task of the canton are entitled to order video surveillance pursuant to Article 14 paragraph 1 letter b of the Cantonal Data Protection Act.

3. The cantonal authorities that use the building to be monitored to fulfill a public task of the canton are responsible for conducting the video surveillance pursuant to Article 14 paragraph 1 letter b of the Cantonal Data Protection Act.

1. If cantonal authorities cannot agree on image surveillance in cases of multiple jurisdiction, their joint supervisory authority for image surveillance shall decide. If there is no joint supervisory authority, the government shall decide.

1. The cantonal authority that wishes to conduct video surveillance must submit a request to the ordering authority for video surveillance as per Article 14, Paragraph 1, Letter b of the Cantonal Data Protection Act, if it is not authorized to order the desired video surveillance itself.

2. The request must specify the purpose, type, and duration of the surveillance, the locations to be monitored, the locations of the surveillance devices, the measures for indicating the surveillance, the access rights, and the measures taken for data security.

1. The operative provisions of the general decree to be issued must be published in the official publication organ, with an indication that objections against the general decree can be raised with the issuing authority within 30 days, and that the reasoned general decree can be inspected.

2. The published version of the general decree is to be delivered to the Data Protection Supervisory Authority.

1. If a general order is required to implement video surveillance, it may only be put into operation once the general order has become legally effective.

1. The ordering authorities shall inform the Data Protection Supervisory Authority of general orders, in which video surveillance is mandated, upon these orders becoming legally binding.

2. The Data Protection Supervisory Authority publishes the received general orders for as long as the video surveillance is being conducted.

1. The video surveillance must be indicated before the recording area with pictograms, including the name of the executing authority.

1. Visual recordings may only be reviewed if incidents have occurred that are subject to criminal prosecution, or if the recordings are needed to avert a specific threat to public safety and order.

2. The access to the recordings must be restricted to a clearly determined and small number of individuals.

1. Access to image recordings must be documented. The reason for access, the person reviewing the material, and the reviewed image material must be specified.

2. The access logs must be retained for five years.

3. The access logs may only be reviewed by persons

a) who are responsible for ensuring or monitoring compliance with data protection regulations;

b) who are authorized to conduct subsequent reviews.

1. The deletion of image recordings is carried out automatically.

1. The implementing authority must store video recordings in a single location.

2. It shall take the technical measures necessary to protect video recordings from unauthorized access, to ensure the secure transmission of data, and to guarantee their deletion.

1. The cantonal authority responsible for video surveillance shall bear the costs for the installation and operation of the video surveillance equipment and the related infrastructure.

2. The recordings shall be made available free of charge to the authorized bodies.

3. The costs for the evaluation of the video recordings shall be borne by the authority conducting the evaluation.