Law on the Protection of Personal Data Processed by the Cantonal Police and Municipal Police Forces (LPDPpol) (LPDPPOL)

This law protects fundamental rights, in particular the personality and privacy of persons whose data are processed by the cantonal police or, within the scope of delegations or collaborations, by municipal police forces (hereinafter police).

1 This Law applies to the processing of personal data useful for the prevention, investigation and prosecution of criminal offenses, and for protection and security tasks generally carried out by the police.

2 To the extent not provided for by this Law, the Law on Personal Data Protection of March 9, 1987 (LPD P) and its related implementing ordinance (RLPDP) shall apply.

The law does not apply to temporary processing of personal data, such as that relating to a single ongoing investigation and to the personal notes of agents and in cases provided for by federal legislation.

Information communicated in good faith to the police by an individual who has a legitimate interest in anonymity is considered confidential.

A police report is considered to be the set of personal data relating to the reputation and conduct of a person, prepared by the police at the request of an authority.

1 In fulfilling its duties, the police may not deviate from the principles of accuracy and completeness of data.

2 It does not compile personal profiles for future reference, nor does it issue prior notices.

II. Exceptions to the Principles of Data Processing

1 If service requirements necessitate it, the police may derogate from the principle of collecting data directly from the data subject, in a manner proportionate to the prejudice caused to the individual and the purpose pursued.

2 Personal data relating to political opinions, religious or other beliefs, as well as data relating to health and sexual life, may be collected and stored to the extent that they are necessary for the performance of tasks stipulated by the Police Act.

3 The lawful exercise of constitutionally guaranteed rights cannot, in itself, be the subject of collection and storage as preventive information.

Confidential information must be processed in a way that adequately safeguards all interests involved.

1. Police reports must indicate the degree of accuracy and completeness of the information contained therein.

2. They shall also mention the methods of ascertainment and collection of the data used, unless preponderant public or private interests oppose this.

1 Cantonal judicial and criminal administrative authorities shall transmit to the cantonal police a copy of their decisions.

2 The Cantonal Police Command shall agree with other administrative authorities on the transmission of decisions according to its needs.

Upon a reasoned request, the police shall transmit to the criminal judicial authorities all information in their possession concerning the person concerned.

1 Only information necessary for the performance of their legal duties may be transmitted to other judicial and administrative authorities.

2 The police take into account the relevance of each piece of data in relation to the interests to be protected.

3 In the request for an information report, the administrative authority must indicate the legal basis and the list or nature of the requested data.

The provisions regarding the production of documents and the deposition of officials as witnesses remain reserved.

1 The intercantonal, international, or transmission of personal data to authorities and services of the Confederation is permissible if

a) the recipient of the transmission is a police authority of another canton, of the Confederation, or another nation;

b) it serves the performance of a police task.

2 International and intercantonal agreements, as well as federal legislation on mutual legal assistance in criminal matters, are reserved.

The transmission of personal data to municipal police forces is governed by the Police Act.

1 The police may transmit data to private individuals only in fulfillment of a legal obligation or if there is the explicit consent of the data subject.

2 The consent of the data subject does not oblige the police to transmit information reports and data as per Art. 7 para. 2 to private individuals or for private use.

1 Personal data may be stored only for the time necessary to perform police duties.

2 In particular

a) data relating to unpunished crimes are stored for no longer than one year after the absolute statute of limitations for punishability has expired;

b) judicial police records are stored for five years from their drafting, for ten years if they concern felonies, and in any case at least until one year after the absolute statute of limitations for the crime has expired;

c) intelligence reports are stored for five years from their drafting.

3 The terms referred to in subsection 2 may be excepted for ongoing investigations, wanted or missing persons, or other special reasons, particularly continuity. The reason must be documented in the stored records.

The Cantonal Police Command is the body responsible, within the meaning of Article 4 para. 5 LPDP, for the processing of personal police data.

1 Members of the police force are considered participating bodies.

2 They may use personal data contained in police files to the extent strictly necessary for their service duties (Art. 4 para. 6 DPA).

1 The Cantonal Police Command maintains a Register of data files in its possession.

2 The Police Register of data files is not public.

3 It is mentioned in the central Cantonal Register of data files.

1 The Cantonal Police Command shall establish a Register of data processing operations carried out by the participating bodies.

2 The Register must indicate the user and the date.

Anyone may request information from the Cantonal Police Command regarding data processed by the police that concerns them.

1 The request must be submitted in writing to the Cantonal Police Command.

2 It must mention

a) name, surname, and date of birth of the interested person;

b) the address;

c) a summary indication of the data to which access is desired.

3 A copy of an identity document must be attached to the request.

1 The Cantonal Police Command shall respond with a formal decision.

2 It may limit, refuse, or defer the transmission of data if

a) there is a risk of collusion or escape within the scope of criminal proceedings;

b) prevailing interests of investigators, victims, or threatened third parties require it;

c) the transmission of data could cause serious or irreparable prejudice to ongoing investigations;

d) the data are subject to secrecy stipulated with foreign authorities or authorities from other cantons.

3 The response must clarify that it does not constitute a certificate of good conduct or criminal record and relates solely to facts recorded by the Ticino Cantonal Police.

3. Personal data obtained from authorities in other cantons

If the request concerns information obtained from authorities of other Cantons, the Confederation, or other nations, the response is limited solely to data processed by the police, provided there are reasonable grounds to presume the existence of a reason for limitation or refusal under Article 24, paragraph 2.

Only the supervisory and appeal authorities, within the limits of Articles 27 and 31, may consult police data archives.

[1] The Cantonal Data Protection Commissioner exercises, with regard to the processing of personal data by the police, the powers attributed to him by the law on the protection of personal data.

[1] Art. modified by L 23.6.2008; in force since 1.10.2008 - BU 2008, 549.

The procedure relating to the right of access, as well as the informative reports to other authorities, are free of charge.

A chancery fee is levied for information provided to third parties, as well as in the event of repeated requests or requests that involve significant costs for processing the response.

[2] 1 The data subject may report illegal data processing to the Cantonal Data Protection Officer.

2 If the clarifications reveal that data protection regulations have been violated, the Officer recommends to the Cantonal Police Command to modify or cease the data processing. He informs the data subject and the competent Department of the recommendation.

3 If a recommendation from the Officer is rejected or not followed, in whole or in part, the Cantonal Police Command issues a formal decision. It is communicated to the data subject and the Officer.

[2] Art. modified by Law of 23.6.2008; in force since 1.10.2008 - BU 2008, 549.

[3] 1 Against the decisions of the Cantonal Police Command, the data subject and the Cantonal Data Protection Commissioner may appeal to the Cantonal Data Protection and Transparency Commission.

2 Only the President of the Cantonal Data Protection and Transparency Commission, in the context of handling appeals, may freely access police archives. He shall particularly safeguard the anonymity, if legitimate, of confidential sources of information.

3 The decisions of the Commission may be challenged before the Cantonal Administrative Court. The data subject, the Cantonal Police Command, and the Cantonal Data Protection Commissioner are entitled to appeal.

III. Entry into Force (BU 2000, 385)

Upon expiry of the deadline for exercising the right of referendum, this law, together with its annex amending other laws, shall be published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino.

The Council of State shall determine its entry into force. [4]

Published in BU 2000, 379.

[3] Art. amended by L 29.5.2017; in force since 21.7.2017 - BU 2017, 228; previous amendment: BU 2008, 549.

[4] Entry into force: January 1, 2001 - BU 2000, 386.