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111.111 EMV CH-SZ

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt (EMV)

11 Articles / Provisions · Canton of Schwyz — Cantonal Legislation
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Table of Provisions (11)

Statutory Text (11 Provisions)

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

Competence

The Department of Economic Affairs is the competent department in accordance with § 5 EMF.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

Contents of the Register of Residents

1. Mandatory Data Collection

In addition to the data according to § 6 para. 1 EMG, the register of residents must contain the cantonal characteristics according to the Annex.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

2. Optional Data Collection

1 If a municipality, based on Section 6a of the EMG, intends to record additional data in the resident register, it must notify the Department of Economic Affairs in advance, citing the legal basis for the data collection.

2 The Department of Economic Affairs shall inform the municipality of the review result.

3 The Government Council shall prohibit or restrict optional data collection if there is no legal basis or if other reasons preclude it. This decision is final.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

Disclosure of Data to Parish Communities

1 Parish communities receive data concerning their members, including names, maiden names, first names, addresses, dates of birth, places of birth, places of origin, marital status, nationality, residence status, arrival, change of address, departure, and death.

2 If the member has not yet reached the age of 16, the data disclosure also includes the name, first name, and address of the holders of parental responsibility.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

Retrieval Procedure

1. Role and Authorization Concept

1 The Department of Economic Affairs shall issue a role and authorization concept,

in which each user is assigned the permissible role and each role is assigned the

associated characteristics, the type of use, and the permissible data space.

2 The role and authorization concept shall be published on the internet. It

shall include the respective administrative unit or organization as well as the

characteristic groups accessible through them.

3 If a municipality, as the data owner, does not agree with the role and authorization

concept, it shall inform the Department of Economic Affairs. In case of disagreement,

the Cantonal Data Protection Officer shall mediate.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

2. Types of Use

The Personal Register can be used in the following ways

a) Query;

b) Data Export;

c) Automatic Receipt of Mutation Notifications;

d) Administration of Access Rights.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

3. Features and Feature Groups

The features accessible for queries are grouped into the following feature groups

a) Personal Data I: Name, Maiden Name, First Name, Date of Birth, Gender,

Correspondence Language, Marital Status, Separation, Place of Birth, Name of Parents,

Address, Influx/Outflux, Nationality, Place of Origin, Insurance Number, Residence

Status, Profession, Employer, Place of Work;

b) Personal Data II: Religious Denomination;

c) Relationships I: Spouse, Registered Partner, Parents of Minors;

d) Relationships II: Parental Custody, Minors under Guardianship,

Comprehensive Guardianship;

e) Household: Persons in the same household (structured by: Spouse,

Parents, Children, Siblings, Persons in the Household).

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

4. Access Authorisation

1 The disclosure of personal data through the retrieval procedure is carried out

under the conditions of § 16 of the Law on Transparency in Administration and

Data Protection of 23 May 2007 and § 21 EMG.

2 The Department of Economic Affairs grants the access authorisation and, in

unclear cases, obtains a prior opinion from the cantonal data protection officer.

3 It maintains a list of granted access authorisations and periodically reviews their

continued necessity.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

5. Application

1 The application for the granting of access authorisation must be submitted to the Department of Economic Affairs.

2 It must contain, in particular, the following information

a) Designation of the applicant;

b) Brief description of the task for which a query of the personal register is required;

c) Scope of use, data space, history, and type of access;

d) Legal basis for the data disclosure.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

6. Technical Implementation and Control

1 The technical implementation of the role and authorization concept is carried out

by the Office for Information Technology, which initiates the user's registration

and stores the role assignment.

2 For the purpose of verifying the lawfulness of data access, the Office for

Information Technology shall, upon request by the Department of Economic Affairs, generate access reports for

randomly selected users.

3 Upon a reasoned request from the Cantonal Data Protection Commissioner, the

Department of Economic Affairs may, in exceptional cases, exempt individual authorized users

from the logging of their access if overriding public

interests so require.

1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt

Entry into force

1 This Ordinance shall be published in the Official Gazette and, after its entry into force,

shall be included in the Collection of Laws.

2 It shall enter into force on 1 January 2015.4

Annex

Cantonal characteristics in the population register according to § 2 EMV

No. Characteristic Form

Parental custody

Guardianship of children

Adult protection law a) comprehensive guardianship

measures b) validated advance care directive

4.1 Professional activity Foreign nationals subject to notification

4.2 Employer Foreign nationals subject to notification

4.3 Place of work Foreign nationals subject to notification

Separation status a) voluntary separation

b) judicial separation

1 GS 24-24.

2 SRSZ 111.110.

3 SRSZ 140.410.

4 Abl 2014 2758.

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