1 State - People - Authorities - 15 Authorities - 150 General Provisions

1. This law governs the video surveillance of installations

a) of the State;

b) of cantonal public law institutions;

c) of individuals and legal entities and groups of persons under private law who perform tasks of public interest or are delegated by the State;

d) of private law or cantonal public law institutions, establishments, or companies in which the State or a cantonal public law institution holds at least a majority stake, insofar as they perform tasks of public interest.

2. Special legislation regulating video surveillance within the entities mentioned in paragraph 1 remains reserved.

Video Surveillance Under the Present Law Has the Following Objectives

a) To prevent the commission of offenses against installations belonging to or under the responsibility of any of the entities mentioned in Article One;

b) To provide evidence in the event of offenses against these installations;

c) To ensure the safety of users of the monitored installation;

d) To provide assistance to users of the monitored installation in the event of technical problems.

Video surveillance may be conducted with or without recording.

Areas Subject to Video Surveillance

a) Buildings, premises, construction sites, and other interior or exterior spaces, as well as their access points;

b) Sports facilities (including football stadiums, swimming pools, ice rinks) and their dependencies;

c) Technical installations, including those intended to regulate and monitor road traffic;

d) Installations located in public spaces (including furniture, games, artworks, signage, automates).

1. Video surveillance may only be implemented if it is not possible to achieve any of the objectives mentioned in Article 2 by other means and without disproportionate costs.

2. The entity wishing to activate a video surveillance system must first consult the Data Protection and Transparency Officer (hereinafter: "the DPTO") and ensure compliance with their recommendations.

3. The DPTO specifically examines whether the recording of images and the identification of persons are necessary to achieve the purpose of the video surveillance.

1. The entity that operates the images is the custodian of the records file created using the video surveillance system.

2. The responsible entity

a) takes the necessary measures to prevent the unlawful processing of captured images;

b) ensures compliance with security measures and data protection provisions;

c) receives and processes requests for access to the recordings and handles disputes related to video surveillance.

1. Appropriate security measures are taken to prevent any unlawful processing of data. In particular, access to recorded data and the facilities containing them must be restricted.

2. A system for logging data access allows for monitoring access to images.

3. Furthermore, the Council of State shall issue the appropriate security measures.

1. Any new video surveillance installation must allow for the blurring of images and their secure transmission.

2. Recorded images may only be viewed in cases of vandalism, assault, or accident. They may only be processed to achieve the purposes set forth in Article 2.

3. Besides the police, only the following individuals are authorized to view images identifying the responsible party or parties of the observed infraction and to make images clear

a) for entities mentioned in Article 1, paragraph 1, letters a and b: individuals designated by the Council of State;

b) for entities mentioned in Article 1, paragraph 1, letters c and d: individuals designated by the file master.

4. Parts of images that exceed the set perimeter cannot be made clear.

5. The responsible entity keeps an updated list of individuals authorized to view the recorded images and submits it to the PPDT.

The disclosure of images is permitted to any judicial or administrative authority for the purpose of reporting acts constituting offenses that may have been observed on site.

1. Cameras must be perfectly visible.

2. Clear and visible information signs inform individuals that they are in a video surveillance area.

3. These signs also indicate the legal basis for the video surveillance and specify which entity is responsible.

The data controller sets the operating hours of an installation before consulting the PPDT in accordance with Article 5, paragraph 2.

1. Images are retained for 7 days, except under special circumstances.

2. The Council of State may authorize a longer retention period. The duration may not, under any circumstances, exceed 100 days.

3. The PPDT must be consulted by the responsible entity before any extension of the retention period for images of monitored areas.

1. The necessity of video surveillance is subject to reevaluation every five years by the responsible entity. It informs the Data Protection Commissioner (DPC) with justified reasons of its intention to continue or discontinue video surveillance.

2. The responsible entity prioritizes the means of surveillance that causes the least possible infringement on personal rights, available on the market at the time of its evaluation and corresponding to technological advancements, provided that the installation or its modification does not incur disproportionate costs.

This law is subject to an optional referendum.

1 The Council of State establishes the date of entry into force of this law.

2. It provides, if necessary, for its promulgation and execution.

Law promulgated by the Council of State on December 19, 2018.

The entry into force is set to take effect on January 1, 2019.