Act on Judicial Police Files (LDPJu) - Definition [ 4 ] (LDPJU)

1. Judicial police records are considered to be all personal information retained by the police relating to a crime, misdemeanor, or infraction under federal, cantonal, or communal criminal law.

2. The records include literal or imaging documents (records themselves) and files, regardless of their physical medium.

1. Only information useful for the prevention, investigation, and prosecution of offenses may be recorded.

2. It is notably prohibited to gather and retain information on individuals' political, moral, or religious beliefs, or concerning their sexual orientation, unless these are closely related to a crime or an offense.

3. Irrelevant or inadequate data must be deleted.

1. The information must be accurate and up to date.

2. Inaccurate information will be corrected, and outdated information will be eliminated.

1. Files may only be used for the purposes of judicial police activities.

2. Personal data may be used for statistical purposes, provided that all precautions are taken to ensure that the individuals concerned cannot be identified.

1. The files are confidential.

2. However, information may be extracted from them and communicated to the authorities and administrations designated in Article 9, to the extent necessary for the performance of their constitutional and legal duties, as well as to the individual concerned under the framework of Article 8a.

1. Electronic facilities for the storage and processing of police information must be designed and operated in a manner that prevents their misuse, particularly the extraction, transmission, modification, and erasure of data by unauthorized individuals.

1. Access to the files is granted only to the personnel of the records office, the officials of the Vaudois judicial police, and the judge designated by the Cantonal Court (art. 8b).

1. The right of access is strictly limited to the needs of the service or the procedure for information, rectification, or deletion. Files are consulted on-site, subject to exceptions granted by the command of the cantonal police.

2. No document directly extracted from a file nor any card may be taken away.

3. Photocopies are prohibited, except with the express authorization of the command of the cantonal police.

1. Any person may request information regarding personal data concerning them that is contained in criminal investigation files.

1bis. Any person may request the establishment of the unlawful nature of data processing concerning them.

2. The right to obtain information may be restricted, suspended, or denied if an overriding public interest requires it. The same applies if the disclosure of information is contrary to overriding or legitimate interests of third parties or the person concerned themselves.

3. The provisions of the Code of Criminal Procedure [A] on investigation are reserved.

1. Outside of criminal proceedings, requests for information on personal data and for the determination of the unlawful nature of data processing are handled by a cantonal judge (hereinafter: the judge) appointed for this purpose at the beginning of each legislative term by the Cantonal Court.

1. A request for information on personal data or for a declaration of the unlawfulness of data processing shall be addressed to the judge.

2. The applicant must prove their identity by producing an official identification document.

3. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the judge may

a. either demand the payment of reasonable fees which take into account the administrative costs incurred for providing the information, making the communication or taking the requested measures;

b. or refuse to act on the request. It is incumbent upon the judge to demonstrate the manifestly unfounded or excessive character of the request.

4. If personal data have been communicated to the police by prosecution authorities or police bodies of other cantons or by the Confederation, the judge may forward the request for decision to these authorities or bodies.

5. The judge shall communicate their decision in writing to the person who requested the information and to the police. In case of refusal, the judge shall briefly state the reasons.

6. The judge's decision may be appealed to the Cantonal Court.

1. Any person who learns that inaccurate information concerning them is contained in a police report may request its correction or deletion.

2. The competent authority and procedure are those outlined in Articles 8b and 8c.

3. The burden of proving the accuracy of the recorded data to the judge lies with the police.

4. The judge shall rectify or delete the data found to be inaccurate or incomplete with all known recipients.

5. When neither the accuracy nor the inaccuracy of the data can be established, this will be noted in the report.

6. The judge informs the petitioner of the measures he has ordered.

1. The procedure is free of charge.

2. However, the judge may impose a fee of 50 to 150 francs on the applicant in the event of an abusive renewal of a request that has been declared inadmissible or rejected.

1. Articles 8b to 8e apply by analogy to the deletion of irrelevant or inadequate data (Art. 2).

1. The Data Protection Act and the Personal Data Protection Act within the Framework of the Application of the Schengen Acquis in the Penal Domain Apply Supplementarily.

1. The cantonal police command is authorized to provide information to

a. members of the Council of State and employees of the Vaud Cantonal Administration whom they designate;

b. the judicial authorities and the Public Prosecutor's Office of the Canton of Vaud;

c. the Office of the Attorney General of Switzerland;

d. the Federal Office of Police;

e. Military Justice;

f. judicial police organs and criminal judicial authorities of another canton or a foreign state.

2. No information may be communicated to third parties.

1. Information may only be transmitted if, in the context of their legal duties, the recipient demonstrates a legitimate interest in obtaining it. This interest must outweigh the need to protect the person to whom the information relates.

1. The request for information must be in writing and substantiated. A telephone request will only be answered in case of emergency and if the caller can be identified with certainty.

2. Subject to the approval of the Council of State, direct access is reserved to a computer system providing basic information on the identity, background, description, and detention data of individuals who are the subject of a file.

1. The information is communicated on a confidential basis and may only be used for the purposes for which its transmission was authorized. This information may not be recorded in another file.

1. The Council of State is entrusted with the execution of the present law. It shall publish the text in accordance with Article 27, number 2, of the Cantonal Constitution and shall set the date of its entry into force by decree.