Act on the Application of the Federal Act on the Harmonisation of Registers and Concerning the Population Movement Database

[5] 1 This law governs the application of federal legislation concerning the harmonization of registers of residents and other official registers of persons.

2 Its purpose is

a) to simplify data collection for statistical purposes through the harmonization of official registers of persons;

b) to simplify the exchange of personal data between different registers;

c) to enable the coordinated, economical, rapid, and secure collection and updating of register data, for the use of administrative bodies of the Confederation, the Canton, the Municipalities, and authorized third parties (hereinafter users).

3 It applies to

a) registers of residents and electoral rolls of the Municipalities;

b) the Population Movement database (hereinafter Movpop);

c) other cantonal or municipal person files designated by the Council of State as falling within the scope of paragraph 2.

Competent authorities [6]

[5] Art. amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[6] Marginal note amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[7] The Council of State designates

a) the official service responsible for the coordination, implementation, and quality control of register harmonization (hereinafter referred to as the Service);

b) the service responsible for managing Movpop (hereinafter referred to as the Movpop Service).

[7] Art. amended by Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[9] 1 The Council of State may order the collection of supplementary information necessary or useful for the performance of the tasks assigned to the Canton by federal or cantonal legislation.

2 The Council of State regulates access to and utilisation of the new 13-digit OASI number by Public Administration Services that request it for the performance of their legal obligations.

[9] Art. introduced by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[10] The Service is responsible for the coordination, implementation, and quality control of harmonization, in particular

a) it coordinates collaboration with other Services of the administration, with Municipalities, and with IT companies that provide them with data management programs, both with regard to adapting population registers to federal directives and with regard to verifying and adapting the federal Register of Buildings and Dwellings (hereinafter REA);

b) it independently organizes activities aimed at improving the REA;

c) it is responsible for transmitting data to federal services in accordance with federal provisions concerning register harmonization.

[10] Art. introduced by Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[11] The municipal authorities collaborate with the federal and cantonal authorities in the application of the regulations on the harmonization of registers, and in particular

a) adapt the content of their register of inhabitants and the technical methods for managing and transmitting data to the directives issued by the Movpop service, in collaboration with the Service, in application of federal regulations;

b) make the data from the registers of inhabitants available to Movpop;

c) collaborate with the Service in verifying the REA and in assigning to each person the building and housing indicators (hereinafter identifiers).

[11] Art. introduced by Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

The Council of State is the supervisory authority over Movpop and defines in particular: [14]

a) the Movpop data catalogue;

b) ... ; [15]

c) the methods for processing Movpop data;

d) the methods of access to Movpop;

e) the proportional allocation of Movpop costs, based on usage, among the cost centers of the cantonal administration;

f) the tariffs and fees covering the costs for third parties to access Movpop data pursuant to Art. 8, with free access for Municipalities, Patriziati and municipal consortia, and the faculty to provide for reduced tariffs for justified reasons of public interest. [16]

Data ownership [17]

[14] Sentence amended by Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[15] Letter repealed by Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[16] Letter amended by Law of 7.11.2011; in force since 1.3.2012 - BU 2012, 83.

[17] Marginal note amended by Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

1 ... [18]

2 The data are the property of the Municipality.

3 Registration with Movpop does not supersede the value of public registers and procedures established by law.

Origin, update, and exchange of data [19]

[18] Art. repealed by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[19] Marginal note amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[20] 1 The Movpop data originate from the population control of the Municipalities, while other administrative bodies (federal or cantonal) may propose amendments, which only become effective with the consent of the Municipality that owns the data.

2 The Council of State may authorize services of the cantonal administration to update data not held by the Municipalities.

3 The Municipalities promptly update the data collected in Movpop, in compliance with reports received from other federal or cantonal administrative services, and with the content, technical methods, and transmission times set by the Movpop service.

4 In case of a change of domicile, the computerized and encrypted exchange of basic personal data between the municipality of origin and the municipality of destination is ensured.

5 The exchange of data between Municipalities, cantonal administration, and federal administration is free of charge.

[20] Art. amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[21] 1 The Council of State regulates the access of Municipalities to Movpop data.

2 Municipalities may not provide third parties with data to which they have access through the database and which concern persons domiciled in other Municipalities.

[21] Art. amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

1 The Council of State regulates access to Movpop for users belonging to the cantonal administration, within the limits of the LPDP.

2 Municipalities are not required to separately provide Movpop users with the data they can access through Movpop.

3. to third parties

[22] 1 The Council of State exceptionally grants third parties access authorization to Movpop.

2 The authorization presupposes the performance of a public task provided for by law and an important legitimate interest in performing it using Movpop.

3 A right to authorization exists only for consortia of municipalities and for patrician administrations. In other cases, the Council of State decides at its own discretion and definitively.

4 Authorization for scientific research purposes is also possible for private individuals, if the anonymity of the data is guaranteed.

[22] Art. amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

The IT applications of the Municipalities and of third parties that interface with Movpop must be authorized by the State Council.

Legal Remedies [23]

[23] Marginal note modified by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[24] Appeals against decisions of the Council of State concerning Movpop may be lodged with the Cantonal Administrative Tribunal.

[24] Art. amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[27] Federal and cantonal provisions on the protection of personal data remain reserved.

[27] Art. amended by L 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

[28] The Council of State shall issue the implementing and organizational provisions necessary for the application of this Act.

[28] Art. introduced by the Law of 18.12.2008; in force since 1.3.2009 - BU 2009, 127.

1 After the expiry of the time limits for exercising the right to a referendum, this law shall be published in the Official Bulletin of Laws and Executive Acts.

2 The Council of State shall determine its date of entry into force. [29]

Published in OB 2001, 281.

[29] Entry into force: October 1, 2001 - OB 2001, 281.