REGULATION on electronic monitoring in civil matters (RSEMC) - Scope of Application (RSEMC)

1. This regulation aims to specify the implementation procedures of an electronic monitoring measure within the meaning of Article 28c of the Civil Code [A], issued by the president of the district court (hereinafter: the judicial authority).

1. Electronic monitoring as defined in the present regulation is of a "passive" type and consists of the recording of GPS data in connection with a perimeter ban imposed by the judicial authority, retrospectively analyzed by the executing authority.

1. The Penitentiary Service [C] is the authority responsible for executing electronic surveillance. It may delegate this task to a public entity or to the authority in charge of probation.

1. In the event of delegation, the relations between the executing authority and the delegate entity, as well as the terms of delegation and financing, shall be governed by means of an agreement.

1. Collaboration and Funding Arrangements for the Execution of Surveillance Measures

The collaboration and funding arrangements for the execution of surveillance measures are subject to an agreement between the Penitentiary Service and the Vaud Judicial Order.

1. No later than the first business day following the notification of the decision by the judicial authority, the person required to wear the monitoring device (hereinafter "the device") must contact the enforcement authority by phone for the installation of the device.

2. In the event of non-compliance with the time limit mentioned in paragraph 1, the enforcement authority shall promptly inform the judicial authority.

**1. When the executing authority observes a violation of the perimeter ban or a non-compliant use of the device, it immediately informs the judicial authority, no later than the first business day following the observation of the violation or non-compliant use.**

2. The judicial authority informs the parties of the observed violation or non-compliant use and sets a short deadline for them to make a determination in this regard.

3. When the requesting party observes a violation of the perimeter ban, it may request the judicial authority to produce the relevant data.

4. If the party required to wear the device so wishes, they may request the judicial authority to produce the relevant data.

5. If no violation of the perimeter ban is observed, the judicial authority automatically informs the parties midway through the measure as well as at the conclusion of the measure.

1. The requesting party is required to inform the judicial authority of any relocation or change of place of activity whenever this could lead to a modification of the exclusion perimeters.

1. The party required to wear the device must cooperate with the enforcement authority, particularly by responding to summonses and complying with the practical arrangements for the installation, verification of proper functioning, and removal of the device.

2. They shall inform the enforcement authority as well as the judicial authority of any change of domicile.

3. They are obliged to ensure the proper functioning of the device, specifically by ensuring that the battery is regularly charged. They are responsible for any damage intentionally caused to the device.

1. The executing authority shall promptly notify the judicial authority of any violations of the obligations set forth in Article 9 of this regulation. Such violations may be subject to the sanctions provided for in Article 343 of the Code of Civil Procedure [D].

1. During the execution of the measure, data generated by the use of a geolocation system are accessible to

a. the executing authority;

b. authorized technical operators;

c. the competent judicial authority, through the executing authority.

1. The executing authority is responsible for the destruction of data within the timeframe provided by Article 28c, paragraph 3 of the Civil Code.

2. The judicial authority must destroy, within the same timeframe, all data records transmitted by the executing authority and filed in the court's dossier, except for those that establish a violation of a perimeter prohibition.

1. For the remainder, the protection of data is governed by cantonal law.

1. The Department is responsible for the enforcement of this regulation which comes into effect on March 1, 2022.