Legislator Case Law & Legislation
144.110 CH-TI

Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Resident Control and the Population Movement Database

47 Articles / Provisions · Switzerland · Canton of Ticino
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Table of Provisions (47)

Art. 1 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Resident Control and the Population Movement Database Art. 2 Regulation to the Law on the Implementation of the Federal Act on the Harmonization of Registers and Concerning the Control of Residents and the Population Movement Database Art. 3 Regulation on the Implementation of the Federal Act on the Harmonization of Registers and Concerning Resident Control and the Population Movement Database Art. 4 Ordinance on the Implementation of the Federal Act on the Harmonization of Registers and Concerning Resident Control and the Population Movement Database Art. 5 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning the control of residents and the population movement database Art. 6 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Population Control and the Population Movement Database Art. 7 Ordinance on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Resident Control and the Population Movement Database Art. 8 Regulation to the Federal Act on the Harmonization of Registers and on the Control of Residents and the Population Movement Database Art. 9 Regulations on the Implementation of the Federal Act on the Harmonization of Registers and Concerning Resident Control and the Population Movement Database Art. 10 Regulation on the Implementation of the Federal Act on the Harmonization of Registers and Concerning Population Control and the Population Movement Database Art. 11 Regulation on the Implementation of the Federal Act on the Harmonization of Registers and Concerning the Control of Residents and the Population Movement Database Art. 12 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 13 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 14 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 15 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning population control and the population movement database Art. 16 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning population control and the population movement database Art. 17 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 18 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 19 Regulation to the Federal Act on the Harmonisation of Registers and concerning the Control of Residents and the Population Movement Database Art. 20 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning the control of residents and the population movement database Art. 21 Regulation of the Enforcement Act of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 22 Regulation on the Implementation Act of the Federal Act on the Harmonisation of Registers and Concerning the Control of Residents and the Population Movement Database Art. 23 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 24 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 25 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Resident Control and the Population Movement Database Art. 26 Regulations on the Application Act to the Federal Act on the Harmonisation of Registers and Concerning Resident Control and the Population Movement Database Art. 27 Regulation implementing the Federal Act on the Harmonisation of Registers and concerning the control of residents and the population movement database Art. 28 Ordinance on the implementation of the Federal Act on the Harmonisation of Registers and concerning population control and the population movement database Art. 29 Regulation implementing the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 30 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 31 Regulation to the Law on the Implementation of the Federal Act on the Harmonization of Registers and concerning the Control of Residents and the Population Movement Database Art. 32 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 33 Regulation on the Implementation Act to the Federal Act on the Harmonization of Registers and Concerning Resident Control and the Population Movement Database Art. 34 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 35 Regulations for the Implementation of the Federal Act on the Harmonization of Registers and concerning Population Control and the Population Movement Database Art. 36 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning the Control of Residents and the Population Movement Database Art. 37 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning the Control of Residents and the Population Movement Database Art. 38 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Resident Control and the Population Movement Database Art. 39 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 40 Ordinance on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 41 Regulations on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning Population Control and the Population Movement Database Art. 42 Regulation on the Implementation of the Federal Act on the Harmonization of Registers and on Resident Control and the Population Movement Database Art. 43 Ordinance on the Implementation of the Federal Act on the Harmonisation of Registers and concerning the Control of Residents and the Population Movement Database Art. 44 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and Concerning the Control of Residents and the Population Movement Database Art. 45 Regulation on the Implementation of the Federal Act on the Harmonisation of Registers and concerning Population Control and the Population Movement Database Art. 46 Regulation on the implementation of the Federal Act on the Harmonization of Registers and concerning the Control of Residents and the Population Movement Database Art. 47 Regulation on the implementation of the Federal Act on the Harmonisation of Registers and concerning the control of residents and the population movement database

Statutory Text (47 Articles)

1 The Department of Institutions, Population Section, Population Movement Service (hereinafter: Movpop Service), is the competent authority for the application of regulations concerning population control and the population movement database, subject to the provisions of the following paragraph.

2 The Department of Finance and Economy, Division of Resources, Statistical Office (hereinafter: Office), is the authority responsible for directing the official service referred to in Art. 2 lit. a) of the law.

1 The Movpop Service is the single instance that guarantees the collection and management of data, as well as communication and transmission with the Municipalities, users belonging to the Cantonal Administration, and third parties.

2 The Office is the instance that guarantees the transmission of data from the population movement database to the federal instances.

1 All municipalities shall maintain control over their residents for the purpose of verifying the personal data of Swiss and foreign citizens residing or dwelling in the municipality.

**2 For this purpose, municipalities shall establish a service called the Residents' Registration Office (hereinafter: RRO).**

**3 The data collected by the RRO shall be made available for updating the Movpop database.**

1 The municipality of residence, within the meaning of Article 3, letter b) of the Federal Act on the Harmonisation of Registers of Residents and Other Official Personal Registers (hereinafter: LArRa), is defined as the municipality that owns the data.

2 In the absence of a municipality of residence in the Canton, or limited to non-personal data of an individual in the case of a stay in another municipality of the Canton, the municipality that owns the data is identified as the municipality of stay within the meaning of Article 3, letter c) of the LArRa.

1 The registration of persons must contain the following data

1. Municipality number according to the classification of the Federal Statistical Office and official name of the Municipality;

2. Insurance number according to Art. 50c of the Federal Act of 20 December 1946 on Old-Age and Survivors' Insurance (OASI);

3. Official surname and other surnames attested in the civil status registers; all names in the correct order;

4. Surname and first names of the father;

5. Surname and first names of the mother;

6. Date and place of birth;

7. Date and place of death;

8. Sex;

9. Civil status;

10. Type of separation (de facto or judicial) for married and separated persons and for persons in registered partnerships and separated; reason for the dissolution of the registered partnership;

11. Date of marriage, registered partnership, annulment of marriage, separation, divorce, dissolution of registered partnership, widowhood;

12. Surname and first names of the spouse or registered partner;

13. Citizenship;

14. For Swiss citizens, place or places of origin;

15. For Swiss citizens, date of acquisition of citizenship;

16. Right to vote and to be elected at federal, cantonal and communal level;

17. For foreigners, the date of first entry into Switzerland, the type of permit, the start date of the permit, its expiry date;

18. Membership of a religious community recognized by public law or otherwise recognized by the Canton;

19. Address in the Municipality and contact details, including postal code, place, street number and street name;

20. Building identifiers (EGID and EDID) and dwelling identifiers (EWID) based on the Federal Register of Buildings and Dwellings (REA) of the Federal Statistical Office;

21. Municipal building and dwelling identifiers, with floor number;

22. Number of the household to which the person belongs and type of household (private household, collective household, administrative household);

23. Document filed;

24. Type of relationship with the Municipality

a) residence (civil and economic domicile in the same Municipality);

b) civil domicile only (stay in another Municipality);

c) stay (civil domicile in another Municipality);

d) residence abroad (cross-border commuters);

25. For relationship type 2, the Municipality of stay; for relationship type 3, the Municipality of civil domicile and the reason for stay;

26. For all relationship types, the information (dates, events) necessary for an exact identification of the actual duration of the relationship type with the Municipality. For relationship type 3, also the start and expiry date of the residence permit;

27. In case of relocation within the Municipality: date;

28. Health insurance fund;

29. Surname, first name and address of the guardian.

2 In addition to the data listed in paragraph 1, Municipalities may, in fulfilling their legal duties, collect other information. They may optionally collect the following data

1. The father's maiden name;

2. The mother's maiden name;

3. The place of marriage;

4. The surname and first name of the ex-spouse;

5. The authority for the change of civil status;

6. The family number;

7. The position in the household;

8. The municipal subdivision in which the person resides or stays (district, hamlet, sector);

9. The profession, employer and address as well as the place of work;

10. The language of correspondence.

3 The Municipality may proceed with the separate registration of persons who, although not falling under the registration obligation set out in Art. 6 para. 1, occupy secondary residences, collecting data relating to surname, first name, date of birth, sex, parents' first name and surname, maiden/celibacy name and address. [1]

II. Name and personal status of foreign citizens

[1] Para. modified by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84; previous modification: BU 2009, 556.

1 The surname and first names of foreign citizens residing in Ticino are taken from the permit issued by the Population Section.

2 In the event that the surname, first names, and personal status of foreign citizens as recorded in Swiss civil status documents differ from those on the permit referred to in paragraph 1, those in the civil status documents shall be decisive for the SCO.

3 Declarations concerning the surname of foreign citizens following the judicial dissolution of marriage (Art. 109 para. 2 SCC, Art. 119 para. 1 SCC and Art. 177b CSDO), made before the civil status authority, shall be decisive for the SCO.

4 The foreign person concerned may submit the foreign judicial decision concerning their personal status for review by the Civil Chamber of the Court of Appeal (Art. 511 CPC).

1 The data catalogue is kept in electronic form.

2 The software application must include automatic procedures for controlling incoming and outgoing data, ensuring compliance with the quality standards provided by LArRa and its corresponding ordinance.

3 The data are stored according to the terms of Art. 21 of the Law on Personal Data Protection (hereinafter: LPDP).

The Municipality manages the data concerning properties (buildings and dwellings) and the relationship between inhabitants and dwellings in a computerized manner, in order to facilitate the management of variables 19-22 of Art. 7 of this regulation.

1 Every natural person of Swiss citizenship, subject to registration, must notify their arrival in the Municipality within 8 days.

2 The notification must be made by appearing personally at the Municipal Registrar's Office (UCA) or through an alternative method (electronic, postal) established by the UCA; the notification concerning the household shall be made by an adult member thereof.

[2] 1 Every foreign national subject to registration who has arrived in the Municipality with the intention of settling there must notify their arrival to the competent cantonal migration authority and to the UCA within 8 days. [3]

2 Foreign nationals not subject to registration pursuant to Art. 6 and not subject to notification pursuant to Art. 12 para. 1 LStrI must notify their arrival in the Municipality to the UCA and the competent cantonal migration authority within 90 days. [4]

3 Art. 12 para. 2 is applicable.

[2] Art. amended by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84.

[3] Para. amended by R 16.11.2022; in force since 1.1.2023 - BU 2022, 274.

[4] Para. amended by R 16.11.2022; in force since 1.1.2023 - BU 2022, 274.

1 Any change in the data catalog must be notified by the data subject to the UCA within 8 days.

2 Such notification may be made in writing.

1 The UCA may, at any time, summon interested parties who have not notified their arrival or have not done so correctly, in order to ascertain the situation and understand their intentions, if there is a suspicion that they may be subject to the obligation of personal notification.

2 If the individuals are foreign nationals, the UCA shall report the outcome of the check to the competent cantonal migration authority for the definition of the case. [5]

[5] Para. amended by R 16.11.2022; in force since 1.1.2023 - BU 2022, 274.

1 Every landlord must notify the UCA, using the appropriate form, of the arrival of new tenants, whether Swiss citizens or foreigners, who reside in or rent apartments in the Municipality for periods exceeding 30 days within a 360-day period, within 8 days from the effective date of the contract or from the actual occupancy date in the absence of a written contract; this obligation also applies to anyone who provides free accommodation to a Swiss citizen or a foreigner.

2 The same applies to a change of apartment within a building.

3 The same obligation applies to accommodation providers within the meaning of public entertainment establishment legislation.

[6] 1 Every owner or manager of a collective establishment within the meaning of Art. 2 lit. a bis) of the Federal Ordinance on the Harmonisation of Registers must notify the SCA within 8 days of the lodged personnel who meet the requirement of Art. 6 para. 1.

2 This notification obligation within 8 days also applies to their clients or guests from the moment the requirement of Art. 6 para. 1 is met.

[6] Art. amended by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84.

1. The personal notification of arrival must be accompanied, within 10 days, by all documents necessary to compile the data catalogue and accurately establish the residential status, specifically, as appropriate, the certificate of origin, the family certificate, the individual civil status certificate, the family booklet, the certificate of domicile, or the extract from the separation or divorce decree.

2. In cases where civil status events have occurred in Switzerland or are recorded in Swiss civil status registers, the relevant Swiss civil status documents must be presented.

1. Anyone leaving the Municipality must notify the UCA at the time of their departure; foreigners must simultaneously notify their departure to the competent cantonal migration authority. [7]

2. The landlord must notify the UCA, within 8 days of the event, of the departure of the natural person from the rented property; this obligation also applies to anyone who ceases to gratuitously accommodate a natural person.

[7] Sub-paragraph amended by R 16.11.2022; in force from 1.1.2023 - BU 2022, 274.

1 The transfer and its effective date are determined by the Municipal Civil Registry Office (UCA) of the new Municipality, taking into account the actual date of transfer and after consulting the person concerned.

2 The Municipal Civil Registry Offices (UCAs) of the two Municipalities involved in a transfer shall ensure, directly or indirectly through the Movpop database, the exchange of personal data according to the procedures set out in Art. 10 para. 2 LArRa.

3 The Municipal Civil Registry Office (UCA) of the departure Municipality is obliged to send to the new Municipality the documents that the person concerned had deposited, including the certificate of origin.

1. In cases of transfer to another Canton, the UCA sends to the new Municipality the documents that the interested party had deposited, including the certificate of origin.

2. In cases of transfer abroad, the interested party personally arranges for the collection of the documents deposited with the departing Municipality, with the exception of the certificate of origin.

[8] The following services promptly communicate to the UCA

a) Civil status office, administrative and judicial authorities: communications in accordance with the provisions of the OSC and the civil status regulations of March 29, 2011;

b) Competent cantonal migration authority: every type of permit issued, decisions of refusal, revocation, lapse, authorization of absence, removal without formalities, and notifications of departure, applications for permits of residence without gainful activity, as well as copies of documents deposited by foreign nationals;

c) Appeals Service of the Council of State: the suspensive effect granted or denied to appeals in matters concerning foreign nationals, as well as interim measures regarding stay;

d) Cantonal child and adult protection authorities: measures within their competence and data relating to guardians (surname, first name, address).

[8] Art. modified by R 16.11.2022; in force since 1.1.2023 - BU 2022, 274.

1 The Movpop Service processes the received data, verifying its quality and plausibility, and proceeds to enter it into the database.

2 In the event of inconsistencies detected during the verification, the Movpop Service promptly notifies the Municipality, which provides the requested clarifications to enable the data update.

1. The Consortium of Municipalities has free access to the data of the member Municipalities.

2. The Consortium of Municipalities may access the data of another non-member Municipality, with the exception of the information referred to in figures 18, 19, 20, 21 and 22 of art. 7 para. 1.

1 The Patrician Office has access to data of citizens of Swiss origin for the updating of its register of patricians, voters, and households.

2 Access is granted upon request by the Patrician Office in accordance with Art. 10 of the LPDP and the procedure set out in Art. 33. [9]

3 The person who has access to the database is designated by the Patrician Office and consults the database under the conditions provided for in para. 2.

4 The Patrician Office may exceptionally mandate an external, non-profit public utility entity for the creation and updating of its register of patricians, voters, and households; in such a case, the modalities of access and use relating to the Movpop database must be regulated through an agreement concluded between the Naturalization and Movpop Service, the patriciate, and the aforementioned entity. [10]

[9] Para. amended by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84.

[10] Para. introduced by R 16.11.2022; in force since 1.1.2023 - BU 2022, 274.

1 Access to the Movpop database by users belonging to the Cantonal Administration requires prior authorization from the Movpop Service, solely for the performance of public duties.

2 Access is granted, upon request, in accordance with Art. 10 of the LPDP and the procedure set out in Art. 33. [11]

[11] Para. amended by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84.

1 The Population Section may exceptionally grant third parties authorization to access the database.

2 Authorization shall be granted to the extent that

a) the request is made on the basis of a task established by law or for scientific purposes;

b) the request is limited to those data necessary to perform said task or to fulfill the purpose;

c) the anonymity of the data is guaranteed.

3 For the rest, Articles 11, 15 and 16 FADP shall apply.

The application must contain

a) information concerning the applicant;

b) the requested data;

c) proof of the existence of a legal basis, a legal task, or a legitimate interest;

d) the purpose for which the data are used;

e) the requested application.

The visualization of data concerning individual persons is the application that allows the user solely to consult, on a case-by-case basis and without the possibility of modifying their contents, the data of the same recorded in the database.

The interface is the application that allows for the creation of a particular program based on user needs, enabling the user to transfer a certain number of information from the population movement database to their own, without the possibility of modifying the data contained therein.

1. **Special Processing:** All processing operations that go beyond visualization and interface operations are considered special processing.

2. **Execution of Special Processing:** Such processing operations are executed solely by the Movpop Service based on the applicant's instructions.

1 It is possible to grant a user the ability to process, without the faculty to modify the data, the entire set of information recorded in the database.

2 With the authorization for processing the entire database issued by the Movpop Service, the user is given the faculty to extrapolate data according to their own needs.

1 Everyone has the right to obtain from the UCA any information, declaration, or extract that concerns them personally.

2 The release of extracts, declarations, and information by the UCA to third parties is governed by the provisions of the FADP.

3 Furthermore, the rules concerning the communication of data relating to federal asylum legislation remain reserved.

1 Every office of the Administration that uses the database is obliged, proportionally to its use, to contribute to the financing of the Movpop Service.

**2 The contributions necessary to cover the operating costs of the Movpop Service are calculated on the basis of a key susceptible to adjustment according to the evolution of the connections actually operational at the beginning of the year.**

**3 The rules relating to the calculation of tariffs for third parties are applied by analogy.**

1 The data viewing fee is annual and may vary up to a maximum of CHF 3200.--.

2 The viewing fee is applied to each office connected to the database within the meaning of Art. 32, not to each individual workstation. [12]

3 The amount is determined based on the calculation of the data volume for each individual person, multiplied by CHF 0.01.

4 Volume refers to the complete data catalog for each individual person, it being understood that a request for a reduced number of data per person does not lead to a decrease in the fee.

[12] Para. modified by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84.

1 The cost for the interface connection to Movpop programs amounts to a maximum of CHF 40,000.--.

2 The tariff is determined based on the calculation of the data volume for each individual person, multiplied by CHF 0.125.

3 The costs arising from the creation of the interface are borne by the applicant.

1 The fee for the request of specific data processing is calculated based on the volume of data requested.

2 The fee is determined based on the calculation of the volume of data for each individual, multiplied by CHF 0.10.

3 When data transmission requires a work performance exceeding 30 minutes, an amount of CHF 80.-- is levied for each additional hour.

4 To the extent that the Movpop Service must resort to external consultancy, or must have a special program developed for data extraction, the user must also bear the additional cost.

5 The fees referred to in paragraph 2 are not applied when the specific data processing is requested by Entities, Institutions or individuals acting without a profit motive and for research that is of interest or benefit to the Canton. [13]

[13] Para. introduced by R 14.2.2012; in force since 1.3.2012 - BU 2012, 84.

1 Municipalities that manage inhabitant control on paper must introduce electronic management within 6 months of the entry into force of these regulations.

2 Municipalities shall adapt their data catalog to these regulations within 6 months of their entry into force.

This Regulation shall be published in the Official Gazette of Laws and Executive Acts and shall enter into force immediately. [14]

Published in OG 2009, 521.

[14] Entry into force: 4 December 2009 - OG 2009, 521.

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