Epidemics Act (EpidA)

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In The Matter OfEpidemics Act (EpidA)
Exhibit A
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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 Cantonal and Federal Bodies

Art. 53 Chief medical officer

1 Each canton shall appoint a chief medical officer. Cantons may appoint a joint chief medical officer. 2 Chief medical officers shall coordinate their activities with other authorities and institutions involved in controlling communicable diseases. If a communicable disease arises in connection with a foodstuff, the chief medical officer shall notify the cantonal chemist. 3 The Federal Council shall specify the required qualifications for chief medical officers.

Art. 54 Coordination body

1 The Confederation and the cantons shall establish a body to promote cooperation (coordination body). Subsidiary bodies may be established to deal with specific fields, in particular detecting and monitoring, preventing and combating zoonoses. 2 The coordination body and its subsidiary bodies shall be made up of federal and cantonal representatives. They may also include other specialists, as required. 3 Their tasks shall include the following: a. coordinating measures to prepare for situations that pose a particular risk to public health; b. coordinating measures to detect, prevent and control the disease; c. encouraging uniform implementation; d. coordinating the provision of information and communication; e. supporting the Federal Task Force in managing special or extraordinary situations. 4 The Federal Council shall regulate the establishment and management of the coordination body and its subsidiary bodies.

Art. 55 Task Force

1 The Federal Council shall have a task force at its disposal for events that may pose a special risk to public health, in particular to manage a special or extraordinary situation. 2 The Task Force shall have the following tasks: a. advising the Federal Council; b. supporting the Confederation and the cantons in coordinating the measures.

Art. 56 Federal Commission for Vaccination

1 Federal Commission for Vaccination shall advise the Federal Council on issuing regulations and the authorities on implementing this Act. 2 The Commission's tasks shall include the following: a. drawing up vaccination recommendations for submission to the FOPH; b. devising medical criteria for assessing the severity of a vaccination reaction; c. advising the FDHA on matters related to compensation (Art. 64) or satisfaction (Art. 65). 3 It shall comprise specialists from outside the administration who have scientific or practical knowledge of vaccination matters. 4 It shall work with other federal and cantonal bodies that deal with vaccination matters.

Art. 57 Swiss Expert Committee for Biosafety

The Swiss Expert Committee for Biosafety shall advise the Federal Council on issuing regulations and the authorities on implementing this Act.

Section 2 Data Processing

Art. 58 Processing personal data

1 Insofar as is required in order to identify persons who are ill, suspected of being ill, infected, suspected of being infected and persons suspected of spreading pathogens, the FOPH, the competent cantonal authorities and the public and private institutions entrusted with tasks under this Act may process or arrange for the processing of personal data, including health data, with a view to taking measures to protect public health, in particular to detect, monitor and control communicable diseases. 2 They shall be responsible for complying with the data protection regulations. 3 The data may be retained for a maximum of ten years, unless the specifics of the disease require a longer retention period. Thereafter they shall be destroyed or anonymised.

Art. 59 Disclosure of personal data

1 The federal and cantonal bodies responsible for implementing this Act may disclose to each other personal data, including data on health, which they require in order to carry out the tasks assigned to them under this Act. 2 In particular the following data may be disclosed: a. surname, first name, address, date of birth and occupation; b. details of travel routes, places of stay and contacts with persons, animals and objects; c. results of medical tests; d. results of epidemiological investigations; e. details of belonging to a specific risk category; f. details of measures to prevent and combat a communicable disease. 3 The FOPH and the cantonal authorities responsible for implementing this Act may disclose personal data, including data on health, which are required to prevent the spread of a communicable disease to the following persons and authorities: a. doctors required to treat communicable diseases; b. cantonal authorities that carry out tasks related to detecting, monitoring,

Art. 60 Information system

1 The FOPH shall operate an information system for storing data relating to persons who are ill, suspected of being ill, infected or suspected of being infected or who are spreading pathogens. 2 The information system shall contain the following data: a. identification data that enable a person to be uniquely identified and to be contacted; b. details of travel routes, places of stay and contacts with persons, animals and objects; c results of medical tests; d. details of measures to prevent and control a communicable disease. 3 The information system shall be used to: a. identify and notify persons who are ill, suspected of being ill, infected or suspected of being infected or who are spreading pathogens; b. organise measures in relation to individual persons in accordance with Articles 33–38. 4 It shall also assist with the uniform processing of data by the responsible authorities, the production of statistics and checks on implementation. 5 The FOPH is responsible for the security o

Para. 9 — SR 235.1 Para. 9 — Amended by Annex 1 No II 75 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 60a

Inserted by No I of the FA of 19 June 2020 (AS 2020 2191, 2727; 2021 878 No III 3; BBl 2020 4461; 2021 2515). Amended by Annex No 2 of the FA of 16 Dec. 2022, in force from 1 Jan. 2023 to 30 June 2024 (AS 2022 817; BBl 2022 1549).

Art. 61 Statistical data

The Swiss Federal Statistical Office shall, for statistical purposes, provide the FOPH each year with data from the statistics on causes of death and the medical statistics from hospitals.

Art. 62 Disclosure of personal data to foreign authorities

1 In order to implement this Act, the FOPH and the competent cantonal authorities may provide foreign authorities that have corresponding tasks and supranational and international organisations with personal data, including data on health, provided the state concerned and in particular its legislation or the supranational or international organisation guarantees an appropriate level of privacy protection for the person concerned: a. the legislation of the state concerned or the supranational or international organisation guarantees an appropriate level of data protection in accordance with Article 16 paragraph 1 FADP; or b. the personal data are disclosed with specific guarantees in accordance with Article 16 paragraph 2 letter c FADP. 2 In particular the following data may be disclosed: a. surname, first name, address, date of birth and occupation; b. details of travel routes, places of stay and contacts with persons, animals and objects; c. results of medical tests; d. results of epi

Para. 1 let. a — SR 235.1 Para. 1 let. b — Amended by Annex 1 No II 75 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 3 — Amended by Annex 1 No II 75 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 3 let. a — Repealed by Annex 1 No II 75 of the Data Protection Act of 25 Sept. 2020, with effect from 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 3 let. d — Amended by Annex

Art. 62a

Inserted by No I of the FA of 19 June 2020 (AS 2020 2191, 2727; 2021 878 No III 3; BBl 2020 4461; 2021 2515). Amended by Annex No 2 of the FA of 16 Dec. 2022, in force from 1 Jan. 2023 to 30 June 2024 (AS 2022 817; BBl 2022 1549).