Identity Documents Act (IDA)
Amended by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521; BBl 2007 5159).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 4 Issuing authority
1 Identity documents are issued within Switzerland by the offices designated by the cantons. The Federal Council may designate further offices. If a canton has two or more issuing authorities, it shall designate one authority responsible for issuing identity documents. 2 Identity documents are issued abroad by the offices designated by the Federal Council. 3 The Federal Council shall regulate jurisdiction based on location and substantive considerations.
Para. 1 — Amended by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521; BBl 2007 5159).
Art. 4a Application for an identity card at the commune of residence
1 The cantons may authorise communes of residence to accept applications for the issue of identity cards without a chip. In this case, the responsible body designated by the cantons in accordance with Article 4 paragraph 1 is the issuing authority responsible for examining and processing these applications. 2 The Federal Council may grant the cantons the power to authorise the communes of residence to also accept applications for other types of identity cards.
Art. 4a — Inserted by No I of the Federal Act of 17 June 2011 (Obtaining Non-Biometric Identity Cards from the Commune of Residence), in force since 1 March 2012 (AS 2011 5003; BBl 2011 2277 2291).
Art. 5 Application
1 Any person wishing to obtain an identity document must appear in person in Switzerland at the office designated by the canton of residence or at the Swiss representation abroad to submit the application for the issue of an identity document. Minors and persons subject to a general deputyship require the written consent of their legal representative. 2 The Federal Council shall issue provisions on the application and issuing procedure, namely concerning: a. the data to be used for issuing identity documents and the sources of such data; b. the requirements for issuing authorities and, as regards applications for identity cards, the requirements for communes of residence; c. the technical infrastructure; d. the way in which communes of residence receive, process and forward applications for identity cards. 3 The Federal Council may provide for exceptions to the obligation to appear in person, taking into account international requirements and technical options.
Art. 5 — Amended by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521; BBl 2007 5159). Para. 1 — Term in accordance with Annex No 2 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law on Persons, Law on Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). This amendment has been made throughout the text
Art. 6 Decision
1 The communes of residence shall examine the applications for identity cards, including the claimed identity, and forward them to the cantonal issuing authority. 1bis The issuing authority shall check whether the information on the applications it has received and accepted is correct and complete and shall verify the identity claimed. 2 The issuing authority shall decide on the application. If it agrees to issue the identity document, it shall instruct the production centre to produce the identity document. It shall transmit the necessary data to the production centre. 3 The issue of an identity document shall be refused if: a. it would contradict an order issued by a Swiss authority on the basis of federal or cantonal law; b. the applicant has deposited his or her identity documents with a Swiss law enforcement or prisons authority. 4 The issue of an identity document shall be refused in agreement with the competent authority if the person making the application is the subject of an
Para. 1 — Amended by No I of the Federal Act of 17 June 2011 (Obtaining Non-Biometric Identity Cards from the Commune of Residence), in force since 1 March 2012 (AS 2011 5003; BBl 2011 2277 2291). Para. 1bis — Inserted by No I of the Federal Act of 17 June 2011 (Obtaining Non-Biometric Identity Cards from the Commune of Residence), in force since 1 March 2012 (AS 2011 5003; BBl 2011 2277 2291). Para. 2 — Amended by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation
Art. 6a Production centres, general contractors, service providers and suppliers
1 The bodies entrusted with producing identity documents and the general contractors involved must provide evidence that they: a. have the necessary expertise and qualifications; b. guarantee secure, high quality, on-time and specification-compliant identity document production; c. ensure compliance with data protection requirements; and d. have sufficient financial resources. 2 Beneficial owners, holders of shares, members of the board or another comparable body, members of the executive board and other persons who have or may have a significant influence on the undertaking or on the production of the identity documents must have a good reputation. Security checks within the meaning of Article 6 of the Ordinance of 19 December 2001 on Personnel Security Screening may be carried out. 3 The necessary documents to verify the requirements specified in paragraphs 1 and 2 may be requested by the Federal Office of Police at any time. If the production centre is part of a group of undertaking
Art. 6a — Inserted by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521; BBl 2007 5159). Para. 2 — [AS 2002 377; 2005 4571; 2006 4177 Art. 13, 4705 No II 1; 2008 4943 No I 3, 5747 Annex No 2; 2009 6937 Annex 4 No II 2. AS 2011 1031 Art. 31 para. 1]. See now the O of 4 March 2011 (SR 120.4).
Art. 6b Tasks of the Federal Office of Police
In addition to the other duties specified in this Act and its implementing provisions, the Federal Office of Police shall carry out the following tasks: a. It shall monitor compliance with the provisions of Article 6a. b. Subject to confidentiality and data protection interests, it shall provide information and instructions concerning Swiss identity documents to domestic and foreign agencies. c. It shall provide information on Swiss identity documents and their issue to private individuals, subject to confidentiality and data protection interests. d. It shall provide information and instructions to the production centres and general contractors and monitor compliance with the specifications. e. It shall monitor international developments in the field of identity documents and is responsible for the implementation of international standards. f. It shall manage the public key infrastructure" (PKI) for Swiss identity documents. g. Subject to any special provisions to the contrary, it shal
Art. 6b — Inserted by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521; BBl 2007 5159).
Art. 7 Revocation
1 An identity document shall be revoked if: a. the requirements for its issue are not or no longer fulfilled; b. clear identification of the holder is no longer possible; c. it contains incorrect or unofficial details or has been otherwise altered. 1bis In the event that naturalisation is declared null and void in accordance with Article 36 of the Citizenship Act of 20 June 2014, the competent authority shall at the same time order the revocation of identity documents. 1ter Identity documents that have been revoked shall be returned to the competent issuing authority within 30 days. On expiry of this period, identity documents that have been revoked but not returned shall be deemed lost and an alert shall be issued in the computerised police search system (RIPOL). 2 An identity document may be revoked or declared invalid by the competent federal authority after consultation with the competent prosecution or prison authority if its holder is abroad and: a. is being prosecuted in Switzer
Para. 1bis — SR 141.0 Para. 1bis — Inserted by Annex No II 3 of the Citizenship Act of 20 June 2014, in force since 1 Jan. 2018 (AS 2016 2561; BBl 2011 2825). Para. 1ter — Inserted by Annex No II 3 of the Citizenship Act of 20 June 2014, in force since 1 Jan. 2018 (AS 2016 2561; BBl 2011 2825). Para. 2 — Currently Federal Office of Police.
Art. 8 Loss
Any loss of an identity document must be reported to the police. The police shall enter the loss report into the computerised police search system RIPOL. RIPOL shall automatically transmit the loss report to the information system referred to in Article 11.
Art. 8 — Amended by Annex 1 No 3 of the Federal Act of 13 June 2008 on Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
Art. 9 Fee
1 The Federal Council shall regulate the obligation to pay fees, the group of persons affected by the fees and the level of the fees. 2 The level of the fees set by the Federal Council must be family-friendly.
Para. 2 — Inserted by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521; BBl 2007 5159).