Ordinance on Registration and Resident Registers (MERV) (MERV)

1 The Municipal Office fulfills the duties of the Directorate according to its jurisdiction

Here is the English translation of the law article

142.11

Registration System and Resident Register (MERV)

Application of technical standards

**1 The Municipal Office provides**

Data deliveries to the Confederation

a. to the Federal Statistical Office, the data of the municipalities in accordance with federal legislation on register harmonisation (§ 21 MERG);

b. to the Federal Collection Agency, the data in accordance with Article 67, paragraph 1, letter a of the Radio and Television Ordinance of 9 March 20079;

c. to the Federal Department of Foreign Affairs, the data in accordance with Article 12, paragraph 4 and Article 13, paragraph 3 of the Swiss Abroad Act of 26 September 20146.

2 It uses the data from the cantonal resident data platform (KEP).

3 The data provision is carried out via the central IT and communication platform of the Confederation in accordance with the Register Harmonisation Ordinance of 21 November 20078.

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1 The implementation of electronic notifications under § 15

MERG and the commissioning of the technical interfaces under

The municipalities identify persons subject to registration

a. at the counter using identification documents;

b. in the case of an electronic change of residence notification, using personal data and the insurance number according to the Federal Act of 20 December 1946 on Old-Age and Survivors' Insurance.

The residence of Swiss nationals requires a settlement in a Swiss municipality.

Asylum seekers who have been assigned to a municipality in accordance with § 7 of the Asylum Welfare Ordinance of 25 May 2005 are to be registered in the population register as settled.

12

1 The municipalities record the following additional information for reportable persons in the residents' register (§ 11 para. 3 MERG)

a. Marriage or registered partnership,

b. Parent-child relationships,

* Source: Verein eCH, Mainaustrasse 30, Postfach, 8034 Zurich.

Access to standards at www.ech.ch.

2

Reporting System and Residents' Register (MERV)

142.11

c. Child and adult protection measures that are communicated to them in accordance with Art. 449c of the Swiss Civil Code of December 10, 19077,

d. Date of civil status event,

e. Household number,

f. Place of death,

g. Proof of mandatory health insurance,

h. Official names of the father and mother/parents at birth,

i. Restriction on the disclosure of personal data to private entities in accordance with § 22 of the Information and Data Protection Act of February 12, 20074.

2 The annex specifies how the characteristics and identifiers according to

Identificator/Characteristic

Sub-characteristic*

obligatory obligatory,

if known

lit. a

Marriage or Registered

Partnership

X

lit. b

Parent-child relationships

X

lit. c

Measures of child and

adult protection communicated

to them in accordance with

Art. 449c of the Swiss Civil

Code of December 10, 1907.

X

lit. d

Date of civil status event 351 Date of last

X

civil status change

352 Date of start of

X

separation

353 Date of end of

X

separation

lit. e

lit. f

Household number

X

Place of death

371 Status Place of Death

X

372 Country of Death

X

373 Place of Death CH

X

374 Place of Death Abroad

X

lit. g

Proof of compulsory

(Yes/No)

X

health insurance

lit. h

Official name of father

X

and mother / of parents

at birth

lit. i

Restriction on disclosure

X

of personal data

* The numbering is based on the official catalogue of characteristics of the Federal Statistical Office (FSO),

Neuchâtel 2014

1.4.20-108

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142.11

1 The municipalities keep their resident registers up to date.

2 They transmit daily mutations of their resident registers to the KEP. They transmit the complete inventory of their personal data at least once a year according to the specifications of the Municipal Office.

3 The data transmission to the KEP takes place via the federal central information and communication platform in accordance with the Register Harmonisation Ordinance.

1 The communes shall continuously update their registers. They shall

adhere to the specifications of the Communal Office and the Confederation.

2 The communes may inspect the data of their inhabitants in the KEP.11

12 1 From the revenue of the municipal fee for electronic registration

fee for electronic

relocation notifications, CHF 10 per notification accrues to the Canton. notifications

The remainder of the fee revenue accrues to the receiving municipality.

2 For the use of the electronic application for third-party notifications,

the municipality shall be charged a cost-covering amount of no more than

CHF 1 per notification.

3 The Municipal Office shall settle accounts periodically with the municipalities.

Amounts less than CHF 10 shall not be invoiced.

1.4.20-108

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142.11

Reporting System and Resident Register (MERV)

C. Cantonal Resident Data Platform

Procedure for

data disclosure

a. Proof

b. Review and

Decision

c. Transparency

regarding data

access

Data Access

a. authorized

persons

b. Logging

Exceptions

to the right and

obligation of access

Abs. 2 lit. a and 3 MERG are to be carried out by the municipalities.

b. Updat-

**1 The Municipal Office examines the request and decides on the disclosure of data.** It may request further information from the applicants and subject the data disclosure to conditions or stipulations.

**2 It limits the data acquisition so that only the data necessary for the fulfillment of statutory duties is obtained.**

**3 The territorial limitation of data acquisition is determined by the local area of responsibility of the data recipient and the purpose of processing.**

12 The municipal office publishes on its website a

list of data recipients and the data obtained by them from the KEP in accordance with § 23

para. 4 MERG.

1 Data recipients shall designate the authorized persons and a responsible contact person.

2 The Municipal Office shall ensure that only authorized persons can access data from the KEP.

1 The municipal office logs who accessed which data and when the access occurred. It evaluates these logs periodically.

2 Logs that are no longer required are to be automatically deleted after one year.

Here is the English translation of the provided text, preserving the structure and formatting

1 The Government Council may, in justified cases, grant exceptions from the obligation or the right to obtain data from the KEP (Art. 32 lit. c MERG).

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Registration System and Resident Register (MERV)

142.11

2 It may refuse the disclosure of data if the expenses appear disproportionate to the purpose pursued. In its decision, it shall particularly consider the type of data and the number of annual retrievals.

1 OS 73, 155; for justification, see ABI 2018-02-23.

2 Entry into force: June 1, 2018.

3 LS 142.1.

4 LS 170.4.

5 LS 851.13.

6 SR 195.1.

7 SR 210.

8 SR 431.021.

9 SR 784.401.

10 SR 831.10.

11 Inserted by Government Council Resolution of February 12, 2020 (OS 75, 69; AB1 2020-02-21). In force since April 1, 2020.

12 Version according to Government Council Resolution of February 12, 2020 (OS 75, 69; ABI 2020-02-21). In force since April 1, 2020.

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142.11

Appendix11

(Identifiers and Characteristics)

Legal

Basis

Registration System and Resident Register (MERV)

Identifier/Characteristic*

Sub-characteristic*

mandatory mandatory,

if known

Art. 6 of the Federal

Act of June 23, 2006,

on the Harmonisation

of Resident Registers

and Other Official

Personal Registers

Lit. a

11 AVS Insured Number

X

Lit. e

21 Name

211 Official Name

X

212 Maiden Name

X

213 Alliance Name

X

214 Name in Foreign

X

Passport

215 Alias Name

X

216 Other Official

X

Names

217 Name as Declared

X

Lit. f

22 First Names

221 Official First Names

X

222 Called Name

X

223 First Names in Foreign

X

Passport

224 First Names as

Declared

X

Lit. h

31 Date of Birth

X

Lit. h

32 Place of Birth

321 Status of Place of Birth

X

322 Country of Birth

X

323 Place of Birth CH

X

324 Place of Birth Abroad

X

* The numbering follows the official catalogue of characteristics of the Federal Statistical Office (FSO), Neuchâtel 2014

1.4.20-108

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Registration System and Resident Register (MERV)

Legal

Basis

Identifier/Characteristic*

Sub-characteristic*

142.11

mandatory mandatory,

if known

Lit. j

33 Sex

X

Lit. k

34 Marital Status

341 Marital Status

X

343 Separation

344 Reason for Dissolution

X

Lit. u

36 Date of Death

361 Commencement of

Date of Death

X

Lit. m

41 Nationality

411 Status of Nationality

X

412 Nationality

X

Lit. i

42 Places of Origin

X

Lit. n

43 Foreigner Category

431 Category

X

432 Valid-from Date

X

433 Valid-until Date

X

434 Date of Entry

X

Lit. b

51 Registration Commune

X

Lit. o

52 Registration Relationship

X

Lit. q

531 Date of In-migration

X

Lit. q

532 Place of Origin

532.1 Commune of Origin

X

532.2 Status of State of Origin

X

532.3 State of Origin

532.4 Place of Origin

Abroad

X

X

X

X

Lit. r

541 Date of Out-migration

X

* The numbering follows the official catalogue of characteristics of the Federal Statistical Office (FSO), Neuchâtel 2014

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142.11

Legal

Basis

Identifier/Characteristic*

Lit. r

542 Destination

Registration System and Resident Register (MERV)

Sub-characteristic*

mandatory

mandatory,

if known

542.1 Destination Commune

X

542.2 Status of Destination State

X

542.3 Destination State

X

542.4 Destination Abroad

X

542.5 Destination Residential Address

X

Lit. p

55 Commune of

Secondary Residence

X

Lit. p

56 Commune of

Main Residence

X

Lit. g

61 Correspondence Address

X

Lit. g

621 Residential Address

X

Lit. s

622 Date of Relocation

X

Lit. c

623 Building Identifier (EGID)

X

Lit. d

624 Type of Household

X

Lit. d

625 Apartment Identifier (EWID)

X

Lit. l

71 Religious Affiliation

711 Religious Affiliation

X

712 Date of Commencement

of Validity of Religious

Affiliation

X

Lit. t

72 Suffrage and Electoral Rights

721 Restriction on Suffrage

and Electoral Rights at

Federal Level

X

* The numbering follows the official catalogue of characteristics of the Federal Statistical Office (FSO), Neuchâtel 2014

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Registration System and Resident Register (MERV)

142.11

Abs. 5 and § 29 MERG.

2 It supports the municipalities in implementing the electronic registrations according to § 15 MERG.12

lit. b MERG are based on the current state of the art,

as expressed in particular in the recognized technical standards of the

eCH* association. These standards apply in particular

to the interfaces of electronic

a. third-party notifications to municipalities,

b. relocation notifications,

c. notifications from municipalities and data transport to the KEP,

d. notifications to data recipients and data retrieval from the KEP.

2 The Municipal Office issues directives on the applicable

versions of the standards. They are binding for persons subject to reporting requirements,

the municipalities, and data recipients from the KEP.

Identification

of persons subject

to reporting

requirements

Residence

of Swiss

nationals

Assigned

asylum seekers

Population

register

a. further

identifiers and

characteristics

B. Reporting Requirements and Population Register