Act on Reference Databases and on the Harmonisation of Registers of Persons, Enterprises and Establishments, and of Buildings and Dwellings (LBDR) - Purpose (GRDB)

1. This law aims to harmonize and simplify the collection, management, exchange, and provision of high-quality data for administrative and statistical purposes. These electronic data constitute a reference database or are extracts thereof.

2. The law defines the cantonal reference databases and specifies the roles and responsibilities of administrative units that ensure the collection and quality of data for the execution of a public task.

1. The Law

a) establishes the creation, management, and maintenance of electronic cantonal registers necessary for the development of reference databases with a specific scope, content, and use;

b) establishes the creation, management, and usage of cantonal reference databases where cantonal and municipal data are stored, consolidated, and harmonized;

c) develops the governance rules applicable to the data lifecycle concerning input, quality, consolidation, archiving, synchronization, and blocking;

d) defines the duties of administrative units, emphasizing the usefulness of their data for the consuming units;

e) specifies the requirements concerning notifications and information;

f) specifies the modalities for the exchange, access, and dissemination of data;

g) regulates the connections between the various cantonal reference databases.

1. The Scope of the Law includes

a) the canton-centralized electronic data collection of natural persons and the entities that feed it;

b) the cantonal electronic data collection of businesses and enterprises and the entities that feed it;

c) the cantonal electronic data collection of buildings and residences and the entities that feed it.

2. The law also applies to other official registers established by the Council of State through regulatory means, which have access to the information portals of the personal register, the business and enterprise register, or the building and residence register.

1. In this Act, the following terms mean

a) Administrative Register: a register created and managed by an authority within the meaning of cantonal data protection legislation;

b) Source Data: administrative information stored in a register, which feeds a source database;

c) Source Database: electronic administrative register with source data;

d) Reference Database (hereinafter: RDB): consolidated cantonal database synchronized with a specific source database;

e) Producing Entity: unit that ensures the administrative updating of data in an administrative register;

f) Consuming Entity: authority that uses the information of an RDB or an administrative register within the permissible framework;

g) Coordination Office Administration: producing entity responsible for an RDB and coordinates and synchronizes data among the respective producing entities;

h) Coordination Office Statistics: entity that delivers data to the federal office responsible for statistics, coordinates the exchange of information between the federal office responsible for statistics and the producing entities, and updates findings, recommendations, and corrective measures issued by the federal office responsible for statistics;

i) Protected Data: data classified as worthy of protection within the meaning of cantonal data protection legislation;

j) Unique Identification Key: standardized indication for the unique identification of database entries;

k) AHVN13: AHV insurance number according to Article 49 letter g AHVG.

1. For each RDB, the following must be established

a) the subject matter;

b) the scope and content of the data;

c) the source databases and the involved producing entities;

d) the coordinating body for administration;

e) the coordinating body for statistics;

f) the definition of rules for the granting and governance applicable to access to information from the reference databases and connected administrative registers;

g) the rules applicable to information exchange;

h) the definition of requirements regarding notifications to ensure data currency and quality;

i) the definition of requirements regarding information to ensure compliance with cantonal data protection legislation;

j) the division of tasks among the respective authorities active within the scope of the RDB and connected administrative registers;

k) the rules regarding responsibilities and supervision.

1. The custodians of administrative registers and source databases are responsible for the quality of the data entered in their registers.

2. The Administrative Coordination Office has the competence over the relevant RDB and monitors the quality, accuracy, completeness, and reconciliation of the data.

3. The Administrative and Statistical Coordination Offices support the custodians of the respective administrative registers and source databases.

4. The consuming units establish the required levels of data quality.

5. The data is utilized according to its reliability.

6. The source databases contain the unique identification key of the relevant RDB.

7. The lifecycle of the data contained in administrative registers or source databases is managed according to the rules established in the cantonal data protection legislation.

1. The custodians of administrative registers and source databases ensure the currency, completeness, and accuracy of the data contained in their register.

2. The administrative coordination offices ensure the management, administration, and maintenance of their RDB.

3. The State Council may, by regulation, require the recording of additional data in the RDB or administrative registers, provided that this is justified for administrative or statistical reasons.

4. The updated technical documentation, data formats, and various links of each RDB are made available to the Cantonal Data Protection and Public Information Officer (hereinafter: Data Protection Officer).

1. The State Council establishes a RDB Competence Center, which oversees the development and management of RDB activities as well as the administration of the funds allocated for this purpose.

2. The State Council regulates, by way of ordinance, the establishment and functioning of the RDB Competence Center as well as the provision of funds.

1. Access to the information in the RDB is free of charge for internal state bodies as well as for municipal and civic communities. Access is also free for external state-producing units to the data to which they contribute.

2. The State Council may grant free access to additional units.

3. The State Council shall establish the fees for access to data in the RDB for other units by means of a regulation.

1. Other authorities responsible for or owning registers shall transmit the content and data mutations to the canton free of charge in the prescribed form.

2. These authorities are responsible for the accuracy, timeliness, and completeness of the data they forward to the administrative registers and RDB.

3. In accordance with the standards and regulations developed by the federal government, data exchange takes place electronically and in encrypted form.

4. The State Council may, by regulation, also require these authorities to release other non-sensitive data contained in the administrative registers, so that such data may be used to improve the quality of an RDB.

5. The State Council ensures that the entry, management, allocation, and transmission of data within the framework of the RDB consistently comply with developments in cantonal data protection legislation.

1. In the context of managing the RDB, the Coordination Office for Administration ensures compliance with data protection regulations.

2. The RDB Statistics Coordination Office adheres to data protection regulations within its exchanges with the federal office responsible for statistics.

3. The creation and use of a new linkage between the different RDB must be approved by the Data Protection Officer, for which the Coordination Office for Administration submits an application explaining the type of linkage desired and justifying the necessity in accordance with the cantonal data protection legislation.

4. The administrative unit responsible for statistics in the canton is authorized to create and utilize linkages between the RDB within the scope of its mandate, in compliance with the provisions on data anonymization and statistical confidentiality, and in application of the applicable federal regulations for individual registers.

**1. The request for access to the RDB must be substantiated by the consuming entity and submitted to the Administrative Coordination Office. The request specifies the elements and the duration for which the consuming entity requires access.**

**2. The modalities of the approval and allocation procedure are regulated by regulation, subject to the applicable data protection legislation.**

**3. The service responsible for information technology ensures, in accordance with the rules applicable under cantonal data protection legislation, the logging of access to the data and the retention of these logs.**

**4. The administrative unit of the canton responsible for statistics has access to the RDB, within the scope of its mandate, in compliance with statistical confidentiality and in accordance with the federal provisions applicable to the individual registers.**

1. The Reference Database for Natural Persons (hereinafter: RDB-NP) establishes a centralized electronic register of natural persons, where data is compiled with a unique, consolidated, and updated identifier regarding

a) the resident population of Valais;

b) the non-resident population subject to Valais taxation;

c) the non-resident population living abroad who have the right to vote and be elected in the canton;

d) the students of public schools in Valais, students registered in Valais, and Valais students at out-of-canton institutions;

e) natural persons who are debtors or creditors to the cantonal administration and do not fall under subparagraphs a, b, c.

2. Once a person no longer falls into one of the categories according to Article 13, paragraph 1, their data is retained in the RDB-NP with an inactive status. In accordance with cantonal data protection legislation, these data are retained for a duration of 10 years and are subsequently destroyed.

1. The RDB-NP shall be constituted from the following source databases and administrative registers

a) the cantonal information portal of the resident registry;

b) the municipal resident registries;

c) the municipal voting registries;

d) the cantonal and municipal tax registries;

e) the student and pupil registries;

f) the source database for taxable natural persons;

g) the source database for natural persons who are debtors or creditors in relation to the cantonal administration;

h) the source database with the taxable value of apartments, buildings, and land, which refers solely to the data of the owners and usufructuaries;

i) the database of the federal equalization fund.

1. The office responsible for population and migration assumes the role of the administrative coordination office.

2. The office responsible for population and migration assumes the role of the statistics coordination office.

3. The office responsible for information technology ensures the functionality, usage, and IT security of the RDB-NP, as well as the interfaces with the source databases.

1. The authorities maintain the respective administrative registers in electronic form.

2. The administrative registers and source databases are managed in accordance with the legal foundations, particularly the cantonal data protection legislation.

1. The data scope of the RDB-NP contains the following information

a) a unique cantonal identifier in conjunction with the AHVN13;

b) the data necessary for the identification and localization of individuals;

c) the elements provided for in the AHVG, which are necessary for the electronic exchange of events between registries for the identification of individuals.

2. The cantonal resident portal contains the following elements as a source database

a) the data according to the Federal Register Harmonization Act;

b) the supplementary data prescribed by the Council of State by ordinance, provided this is justified for administrative or statistical reasons.

3. The source databases of the RDB-NP must contain the unique identification key for individuals.

4. The content, governance, and scope of other source databases are regulated by special laws.

1. The use of data from the RDB must not exceed the scope of this Act.

2. The use of sensitive data must be justified by a formal legal basis.

3. The use of non-sensitive data must at least be justified by a substantive legal basis.

4. The use of AHVN13 as a search term is regulated by a specific legal foundation.

5. The use of AHVN13 by the administrative unit of the canton responsible for statistics must be justified and limited to statistical tasks.

1. The Reference Database for Enterprises and Businesses (hereinafter: RDB-EB) establishes a centralized register of enterprises and businesses, where data is compiled via a unique, consolidated, and updated identifier regarding

a) the UID units in the sense of the Federal Act on the Business Identification Number (UIDG);

b) the enterprises and businesses in the sense of the Regulation on the Register of Enterprises and Businesses (BURV).

1. The RDB-BU is composed of the following source databases and administrative registers

a) the federal register of company identification numbers (UID register);

b) the Valais commercial registers;

c) the Business and Company Register (BUR) of the Confederation, managed by the Federal Office responsible for statistics;

d) the federal informatics portal for commercial register offices (ZEFIX);

e) the cantonal notary register;

f) the cantonal attorney register;

g) the cantonal register of health partners;

h) the cantonal register of architects and persons qualified to submit a construction permit application;

i) the cantonal register of agricultural enterprises;

j) the communal registers of taxable legal entities and self-employed individuals;

k) the source database for taxable persons;

l) the source database for individuals who are debtors or creditors with respect to the cantonal administration.

1. The Coordination Office for Administration of the RDB-BU is the unit entrusted with administrative tasks related to commercial registers.

2. The Coordination Office for Statistics of the RDB-BU is the administrative unit responsible for statistics.

3. The office responsible for information technology ensures the functionality, usage, and IT security of the RDB-BU, as well as the interfaces with the source databases.

1. The authorities maintain the respective administrative registers in electronic form.

2. The administrative registers and source databases are managed in accordance with the existing legal foundations.

1. The data scope of the RDB-BU includes the following information

a) the UID number, the unique identification number, as defined in the UIDV;

b) the permissible additional and system features of the UID register, as defined in the UIDV.

2. The RDB-BU contains the following information for each company

a) the reference number of the establishment or company, as described in paragraph 1;

b) the unique identification key of the company;

c) the additional and system features of the establishment and company register, as provided for in the BURV.

3. The data sources necessary for the consolidation of the RDB-BU, listed in Article 20, use the unique identification key UID.

1. The Reference Database for Buildings and Dwellings (hereinafter: RDB-GW) establishes a centralized electronic register of buildings and dwellings in which data is compiled using a unique, consolidated, and updated identifier concerning

a) construction projects;

b) buildings and dwellings, where building entrances are individually addressed in accordance with the Ordinance on the Federal Buildings and Dwellings Register (hereinafter: VGWR);

c) other structures.

1. The RDB-GW is composed of the following source databases and administrative registers

a) the IT portal of the Federal Building and Housing Register (GWR);

b) the Valais land register records;

c) the municipal cadasters;

d) the municipal registers of building permit applications;

e) the cantonal IT portal of the cadaster;

f) the cantonal IT portal of the land registry;

g) the source database with the tax value of buildings and housing;

h) the cantonal source database with building permit applications.

1. The Coordination Office for the Administration of the RDB-GW is the administrative unit responsible for geoinformation.

2. The Coordination Office for Statistics of the RDB-GW is the administrative unit responsible for statistics.

3. The service responsible for information technology ensures the functionality, use, and IT security of the RDB-GW, as well as the interfaces with the source databases.

1. The authorities maintain the respective administrative registers in electronic form.

2. The administrative registers and source databases are managed in accordance with the existing legal foundations.

1. The RDB-GW data set includes the following information about buildings

a) the unique identification key for buildings, namely the building identifier of the Federal Office responsible for statistics (EGID), in conjunction with the building entrance identifier of the Federal Office responsible for statistics (EDID);

b) the information listed in the VGWR.

2. The RDB-GW contains the following additional information for each apartment

a) the unique identification key for apartments, namely the apartment identifier of the Federal Office responsible for statistics (EWID);

b) the information listed in the VGWR.

3. The RDB-GW contains the following information for each construction project

a) the unique identification key for construction projects, namely the construction project identifier of the Federal Office responsible for statistics (EPROID);

b) the information listed in the VGWR.

1. Concerning the Connections between the RDB, the Following Applies

a) the RDB-NP and the RDB-BU are directly linked with each other;

b) the RDB-NP and the RDB-GW are linked through the source database of Buildings and Apartments;

c) the RDB-BU and the RDB-GW are linked through the source database of Buildings and Apartments.

1. The department serving as the point of contact for the Coordination Office Administration of an RDB supervises

a) the administrative coordination between the authorities and with the federal government;

b) the coordination and implementation of harmonization measures;

c) the introduction of quality and safety controls.

2. The department serving as the point of contact for the Coordination Office Statistics supervises the statistical coordination between the authorities and with the Federal Office responsible for statistics.

3. The supervisory authority pursuant to cantonal data protection legislation ensures that data usage is compliant and lawful.

1. To ensure compliance with the law, the department may, subject to the jurisdiction of the Council of State, take the following measures upon request

a) the warning;

b) the suspension of access to the relevant RDB;

c) the appointment of a commissioner tasked with carrying out the duty at the expense of the relevant entity;

d) the fine.

1. Subject to any objection against decisions issued under the application of the present law, the law on administrative procedure and administrative justice (VVRG) shall apply.

1. The State Council shall issue by regulation the necessary implementation provisions for the application of the present law. In other respects, the cantonal data protection legislation applies as supplementary cantonal law.

2. Each RDB shall be governed by a specific regulation.

3. As provided in the VGWR, the State Council shall also establish the provisions necessary for the collection and updating of data.