Ordinance on the Electronic Archive of the Migration Office (ELARV) (ELARV)

10. For the fulfillment of tasks according to the Federal Act of

December 16, 2005, on Foreign Nationals and Integration (FNIA)³ and the Asylum Act of June 26, 1998⁵, as well as the

ordinances issued thereunder, the Migration Office operates the following

electronic data collections

a. the electronic archive (ELAR),

b. the process support and monitoring system (PuM),

c. the data exchange system between the Migration Office and residents'

registration offices (MiGEK).

11

1 The ELAR serves

Electronic

a. the electronic archiving of asylum and foreign nationals law files,

b. the provision of documents for the processing of cases.

2 The ELAR processes, in particular, the following personal data and

special categories of personal data:10

a. name, first name, alias, gender, date of birth, address, family and

kinship relationships and nationality,

b. foreign nationals law status,

c. removal, prohibition from entering, enforcement, and coercive

measures,

d. procedural data,

e. education and employment references,

f. professional activity and place of work,

g. OASI number,

h. place of origin,

i. civil status,

j. financial circumstances,

k. criminal proceedings and convictions, as well as administrative

measures,

l. receipt of social assistance and social insurance benefits,

m. state of health,

n. measures under child and adult protection law.

Archiving

Process

Support

System

and Monitoring

MiGEK

**7 1 The PuM serves**

a. to monitor asylum and foreign nationals law procedures,

especially procedural deadlines,

b. to provide documents for the processing of cases,

c. to create statistical evaluations.

2 It contains personal data from ELAR and the Central Migration

Information System (ZEMIS), as well as data on the status of proceedings

and the progress of asylum and foreign nationals law procedures.

9 1 The MiGEK serves

a. the simplification and support of cooperation and

secure communication between the Migration Office and the

residents' registration offices of the Canton of Zurich,

b. the mutual electronic transmission of data and documents

in the area of foreigners' and asylum law, in particular, of

1. applications for the issuance and extension of foreigners' law

permits and identity documents,

2. mutation reports on the personal circumstances of the foreign

person,

c. the scheduling of appointments for the capture of data for

the foreigner's identity card.

2 The MiGEK contains personal data from ELAR and

ZEMIS, as well as data for appointment scheduling for the capture of

data for the foreigner's identity card.

3 The following access authorizations apply

a. The Migration Office is authorized to process all data.

b. The municipal residents' registration offices are authorized to

1. process the data of foreign persons residing in their municipality

that are necessary for reporting address mutations, including

in- and out-migrations, changes in civil status, changes in personal

details, for scheduling appointments for the capture of the data

necessary for the foreigner's identity card, and for the transmission

of permit applications,

2

V regarding the electronic archive of the Migration Office (ELARV) 142.51

2. query and process the data of foreign persons residing in the

Canton of Zurich outside their municipality if this is necessary

for recording an in- or out-migration to another municipality.

1. Procurement of Personal Data

The Migration Office generally procures personal data contained in ELAR, PuM, and MiGEK from the federal personal registries maintained within the foreign national and asylum system, resident registration offices, municipal social welfare authorities, the Cantonal Social Welfare Office, police authorities, and criminal justice authorities.10

2. Furthermore, it procures data from the affected individuals and, in individual cases, from other official bodies and persons.

1 The data subject is obliged to provide the Migration Office with the information required for ELAR.

Duty to cooperate of the data subject

2 The Migration Office may require the translation of foreign-language documents into German.

10 1 The competent cantonal and communal authorities must report the following data concerning foreign persons to the Migration Office

a. entry, presence, and departure,

b. births and deaths,

c. changes in personal data, in particular concerning civil status and family circumstances,

d. initiation and conclusion of criminal investigations,

e. legally binding convictions by courts and criminal investigation authorities,

f. orders by correctional authorities,

g. commencement, extent, and termination of social assistance benefits,

h. refusal of marriage or the establishment of a registered partnership and facts indicating an abusive marriage or establishment of a registered partnership to circumvent admission regulations,

i. measures under child and adult protection law in accordance with Art. 82 f of the Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment (VZAE)4,

j. registrations for job placement, rejections of applications for unemployment benefits, withdrawals of employability and terminations of unemployment benefit payments,

k. receipt of supplementary benefits in accordance with Art. 82 d VZAE,

l. decisions on definitive school exclusions of foreign pupils in accordance with Art. 82 e VZAE.

2 In proceedings for reviewing the right of residence due to grounds for revocation in accordance with Art. 62 or 63 AIG, the Migration Office may instruct the cantonal and communal police forces to conduct investigations.

**Authorities**

**1. 1. 23-119**

3

142.51 Ordinance on the Electronic Archive of the Migration Office (ELARV)

Data processing by the Cantonal Police

Disclosure of Data

Responsible Body

Data Security

Entry into force

10 The Cantonal Police are authorized to process personal data contained in ELAR for the performance of their duties in the enforcement of coercive measures under immigration and asylum law.

1 If a foreign national is subject to criminal sanctions or coercive

measures, the Migration Office shall communicate its decisions and the

personal data contained therein to the criminal enforcement authorities.

2 Upon request, the Migration Office shall disclose personal data from ELAR

and PuM10

a. to federal, cantonal, and communal authorities for the

fulfillment of their statutory duties,

b. to private entities for the fulfillment of a service agreement.

6 The Migration Office is the responsible body within the meaning of

1. Access to ELAR, PuM, and MiGEK is based on user profiles and secured with passwords.

2. Data transmission to external systems is encrypted.

4

1 OS 59, 252.

2 LS 170.4.

3 SR 142.20.

4 SR 142.201.

5 SR 142.31.

V Ordinance on the Electronic Archive of the Migration Office (ELARV)

142.51

6 Version according to Executive Council Resolution of 28 May 2008 (OS 63, 331; ABI 2008, 916). In force

since 1 October 2008.

7 Inserted by Executive Council Resolution of 31 May 2016 (OS 71, 366; ABI2016-06-10). In force

since 1 October 2016.

8 Version according to Executive Council Resolution of 31 May 2016 (OS 71, 366; AB12016-06-10). In force

since 1 October 2016.

9 Inserted by Executive Council Resolution of 6 July 2022 (OS 77, 459; ABI 2022-07-15). In force

since 1 November 2022.

10 Version according to Executive Council Resolution of 6 July 2022 (OS 77, 459; ABI 2022-07-15). In force

since 1 November 2022.

11 Repealed by Executive Council Resolution of 6 July 2022 (OS 77, 459; ABI 2022-07-15). In force

since 1 November 2022.

1. 1. 23-119

5