Asylum Act (AsylA) (AsylA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Principles
Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
Art. 96 Processing of personal data
1 Provided they require the data for the fulfilment of their legal duties, SEM, the appeal authorities and private organisations entrusted with duties under this Act may process or have processed the personal data pertaining to persons seeking asylum or in need of protection and their dependants, including sensitive data as defined in Article 5 letter c FADP. 2 Data required to combat illegal employment may be disclosed by the authorities under paragraph 1 in accordance with Articles 11 and 12 of the Federal Act of 17 June 2005 on Measures to Combat Illegal Employment.
Art. 96 — Amended by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965). Para. 1 — SR 235.1 Para. 1 — Amended by No III of the FA of 1 Oct. 2021, in force since 1 April 2025 (AS 2024 189; BBl 2020 9287; 2021 137). Para. 2 — SR 822.41 Para. 2 — Inserted by Annex No 2 of the FA of 17 June 2005 on Me
Art. 97 Disclosure of personal data to the native country or country of origin
1 Personal data pertaining to asylum seekers, recognised refugees and persons in need of protection may not be disclosed to their native country or country of origin if the person concerned or their dependants would be endangered as a result. No information may be disclosed regarding an application for asylum. 2 The authority responsible for the organising departure may contact the native country or the country of origin to acquire the travel documents required for the enforcement of the return ruling if the refugee status has been refused in the first instance. 3 For the enforcement of removal to the native country or the country of origin, the authorities responsible for organising departure may disclose the following data to the foreign authority: a. personal details (name, first name, aliases, date of birth, place of birth, gender, nationality, last address in the native country or the country of origin) of the person concerned and, as far as necessary for their identification, of
Para. 1 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845). Para. 2 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845). Para. 3 let. g — SR 351.1 Para. 3 let. g — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 98 Disclosure of personal data to third countries and international organisations
1 In order to the implement this Act, SEM and the appeal authorities may disclose personal data to foreign authorities and international organisations entrusted with corresponding tasks provided the requirements of Article 16 FADP are met. 2 The following personal data may be disclosed: a. personal details (name, first name, alias names, date of birth, place of birth, gender, nationality, last address in the native country or the country of origin) of the person concerned and, as far as necessary for their identification, of dependants; b. information about the passport or other identity papers; c. fingerprints, photographs and further biometric data if necessary; d. further data from documents that help identify a person; e. information on the state of health, insofar as this is in the interest of the person concerned; f. the data required to guarantee the returnee’s entry to the destination country and to ensure the security of the accompanying persons; g. information on the place of
Para. 1 — SR 235.1 Para. 1 — Amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 2 let. i — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 98a Cooperation with the prosecution authorities
SEM or the Federal Administrative Court shall transmit to the responsible prosecution authorities information and evidence on asylum seekers where there are serious grounds for suspicion that they have committed a felony under international law, in particular a felony against peace, a war crime, a crime against humanity, genocide or torture.
Art. 98a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 98b Biometric data
1 The competent authorities may process biometric data for the purpose of establishing the identity of asylum seekers and persons in need of protection. 1bis SEM may delegate the processing of biometric data to third parties. It shall verify the compliance by the third parties with the regulations on data protection and information security. 2 The Federal Council shall determine what biometric data is collected and regulate access to the data.
Art. 98b — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1bis — Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
Art. 99 Taking and evaluating fingerprints
1 Fingerprints of all fingers as well as photographs shall be taken of asylum seekers and persons in need of protection. The Federal Council may provide for exceptions in the case of minors under the age of 14. 2 The fingerprints and photographs shall be stored without the corresponding personal details in database managed by the Federal Office of Police and SEM. 3 The new fingerprints shall be compared with the fingerprint database managed by the Federal Office of Police. 4 If the Federal Office of Police determines a match with existing fingerprints, it shall inform SEM, the cantonal police authorities concerned and the Frontier Guards Corps and provide them with the personal details of the person concerned (name, first name, aliases, date of birth, sex, reference number, personal number, nationality, process control number and canton of allocation). Where there is a police report, the date, place and reason for taking the fingerprints contained therein shall also be provided in code
Para. 1 — Amended by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965). Para. 2 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 3 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 557
Section 1a Information System for Federal Centres
Inserted by the Annex to the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881). Amended by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 99a Principles
1 SEM shall operate an information system for federal centres and airport accommodation (MIDES). 2 MIDES serves as an aid in: [tab] a. the processing of personal data relating to asylum seekers and persons in need of protection, including sensitive personal data in accordance with Article 5 letter c of the FADP; and b. audits, the conduct of asylum procedures and the planning and organisation of accommodation. 3 MIDES contains the following personal data: a. data on the identity of the registered persons, and in particular their surname, name, sex, date and place of birth, nationality, ethnic origin, religion, marital status, address and parents' names; b. minutes of the summary questioning conducted at federal centres and at the airports in accordance with Articles 22 paragraph 1 and 26 paragraph 3; c. biometric data; d. details of the accommodation; e. the status of the proceedings; f. the note «medical case», for the purpose of distributing asylum seekers among the cantons. 4 The pe
Para. 2 let. tab — Amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 2 let. tab — SR 235.1 Para. 3 let. b — Amended by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). Para. 3 let. f — Inserted by Annex No 1 of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). Para. 4 — Amended
Art. 99b Data processing in MIDES
The following persons have access to MIDES provided such access is required in order to fulfil their duties: a. employees of SEM; b. authorities in accordance with Article 22 paragraph 1; c. authorised third parties in accordance with Article 99c. d. employees of the cantonal or communal centres under Article 24d who are responsible for asylum seekers’ accommodation and care.
let. d — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 99c Authorised third parties
1 SEM may authorise third parties who are responsible for procuring biometric data, ensuring security or for administration and care in federal centres and airport accommodation to process personal data in accordance with Article 99a paragraph 3 letters a, c and d in MIDES. 2 SEM shall ensure that authorised third parties comply with the applicable regulations on data protection and information technology security.
Art. 99d Supervision and implementation
1 SEM is responsible for the security of MIDES and the legality of the processing of personal data. 2 The Federal Council shall regulate: a. the organisation and operation of MIDES; b. the catalogue of personal data to be processed; c. rights of access; d. technical and organisational protective measures against unauthorised processing; e. the length of time that data may be stored; f. the archiving and destruction of data on expiry of the storage period.
Section 1b Other Information Systems
Inserted by the Annex to the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).
Art. 100 Information system of the appeal authorities
1 The appeal authorities shall maintain an information system to record appeals that have been filed, for the conduct of audits and to compile statistics. 2 The information system may contain personal data especially worthy of protection if this is necessary for the fulfilment of the statutory task. 2bis Incorrect data must by corrected by the authorities. If the incorrect data is attributed to a person’s violation of the duty to cooperate, this person may be billed for the costs for the correction.
Art. 100 — Amended by Art. 18 No 2 of the FA of 20 June 2003 on the Information System on Asylum and Foreign Nationals, in force since 29 May 2006 (AS 2006 1931; BBl 2002 4693). Art. 100 — Amended by the Annex to the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881). Para. 2 — Amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl
Art. 101
Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Art. 102 Information and documentation system
1 SEM shall manage an automated information and documentation system in cooperation with the Federal Administrative Court. The system shall contain factual information and documentation from the sphere of responsibilities of SEM and the Federal Administrative Court stored in various databases. If required, personal data contained in the texts may also be stored, in particular personal details, as well as sensitive personal data. 2 Only employees of SEM and the Federal Administrative Court shall have access to databases containing sensitive personal data. 3 Databases containing predominantly factual information drawn from public sources may be made accessible to external users on request by means of a retrieval procedure. 4 The Federal Council shall regulate the details, and in particular access to the system and the protection of the personal data collected therein.
Para. 1 — Third sentence amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 1 — Amended by No 4 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). Para. 2 — Amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 102a Statistics on recipients of social assistance
For the taxation of the financial compensatory payments to the cantons, the Federal Statistical Office shall periodically transmit anonymised and aggregated data on the persons seeking asylum who draw benefits from public social assistance to SEM.
Art. 102a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Section 2 Data Processing under the Dublin Associa
Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
Art. 102abis Eurodac
1 Within the framework of the application of the Dublin Association Agreements, SEM is responsible for dealings with the Central Unit of the Eurodac System. 2 It shall transmit the following data to the Central Unit: a. the place and date of the application in Switzerland; b. the sex of the applicant; c. the fingerprints taken in accordance with Article 99 paragraph 1; d. the Swiss code number for the fingerprints; e. the date on which the fingerprints were taken; f. the date on which the data was transmitted to the Central Unit. g. the user password. 2bis If the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the Central Unit within 48 hours of fingerprints of acceptable quality being taken. If it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the Central Unit within 48 hours of the impediment c
Para. 1 — These conventions are listed in Annex 1. Para. 2 let. g — Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675). Para. 2bis — Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Esta
Art. 102ater Examination of the fingerprints in Eurodac
1 A specialist shall examine the fingerprints if Eurodac reveals a match. 2 SEM decides on the qualifications that the fingerprint specialist must have.
Art. 102ater — Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
Art. 102b Disclosure of personal data to a state bound by one of the Dublin Association Agreements
The disclosure of personal data to the competent authorities of states that are bound by one of the Dublin Association Agreements shall be regarded as equivalent to the disclosure of personal data between federal bodies.
Art. 102c Disclosure of personal data to a state not bound by any of the Dublin Association Agreements
1 Personal data may be disclosed to third countries only if they guarantee an adequate level of data protection in accordance with Article 16 paragraph 1 FADP. 2 If a third country fails to guarantee an adequate level of data protection, personal data may be disclosed to that country in the following cases: a. the person concerned has given their consent in accordance with Article 6 paragraph 6 and if applicable paragraph 7 FADP; b. the disclosure is required to protect the life or physical integrity of the person concerned and it is not possible to obtain the person’s consent within a reasonable time; or c. the disclosure is required to safeguard overriding public interests or to establish, exercise or enforce legal rights in a court or before another competent foreign authority. 3 In addition to the cases mentioned in paragraph 2, personal data may also be disclosed if in specific cases adequate guarantees ensure appropriate protection of the person concerned. 4 The Federal Council s
Para. 1 — SR 235.1 Para. 1 — Amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 2 let. c — Amended by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 5 let. c — Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment o
Art. 102d Supervision of data processing related to Dublin cooperation
1 The cantonal data protection authorities and the Federal Data Protection and Information Commissioner (FDPIC) shall work together within the scope of their respective responsibilities. 2 The FDPIC shall supervise the processing of personal data related to Dublin cooperation. It shall coordinate this supervisory activity with the cantonal data protection authorities. 3 The FDPIC shall work with the European Data Protection Commissioner in order to carry out its tasks, for which it shall act as the national supervisory authority.
Art. 102d — Amended by Annex 1 No 2 of the FD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 22 Nov. 2022 (AS 2021 365; 2023 16; BBl 2020 3465).
Art. 102e Right to information
The right to information is governed by the federal and cantonal data protection provisions. …
Amended by No 2 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749). Second sentence repealed by Annex 1 No II 5 of the Data Protection Act of 25 Sept. 2020, with effect from 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Section 3 Video Surveillance
Inserted by Annex No 1 of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685).
Art. 102ebis
1 SEM may use video surveillance equipment and systems inside and outside buildings that it manages in connection with the asylum procedure and may make video and audio recordings in order to protect property and persons, in particular asylum seekers, SEM employees and employees responsible for care and security, from any form of threat. 2 The video and audio recordings shall be stored for four months and then automatically destroyed unless they are required in criminal proceedings or for an administrative investigation conducted by SEM. 3 The recordings may be passed on to the prosecution authorities. 4 SEM security managers and their superiors may view the recordings in the course of an administrative or criminal investigation. 5 The Federal Council shall regulate the modalities of video surveillance. It shall in particular specify which buildings or parts of buildings may be placed under video surveillance, and regulate the storage of recordings, their protection against misuse and