Narcotics Act (NarcA)
Inserted by Art. 3 No 9 of the FD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. f; BBl 2004 5965). Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069).
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 Data Protection under the Schengen Assoc
Inserted by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069).
Art. 18a Disclosure of personal data to a state bound by one of the Schengen Association Agreements
The disclosure of personal data to the relevant authorities of states bound by one of the Schengen Association Agreements is equivalent to the disclosure of personal data between federal bodies.
Agreement of 26 Oct. 2004 between the Swiss Confederation, the European Union and the European Community on the Swiss Confederation's association with the implementation, application and development of the Schengen Acquis (SR 0.362.31); Agreement of 28 April 2005 between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of those parts of the Schengen Acquis that are based on the provisions of Title IV of the Treaty establishing the European Com
Art. 18b
Repealed by No 7 of the FA of 19 March 2010 on the implementation of Council Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387; BBl 2009 6749).
Art. 18c Right to information
The right to information is governed by the federal or cantonal data protection provisions. …
Amended by No 7 of the FA of 19 March 2010 on the implementation of Council Framework Decision 2008/977/JI 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; BBl 2009 6749). Second sentence repealed by Annex 1 No II 73 of the Data Protection Act of 25 Sept. 2020, with effect from 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Section 2 Data Processing
Inserted by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069).
Art. 18d In connection with the treatment of persons dependent on narcotics
1 The authorities and institutions responsible for the implementation of this Act are entitled to process personal data, including sensitive personal data a in order to review the requirements for and the progress with the treatment of persons dependent on narcotics. 2 They shall take technical and organisational measures to guarantee the protection of data in accordance with paragraph 1. 3 The Federal Council shall regulate the details, in particular: a. the authorities and institutions responsible for the data processing; b. the data to be processed; c. the data flows; d. the rights of access.
Art. 18d — Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069). Para. 1 — Amended by No II of the FA of 19 March 2021, in force since 1 Sept. 2023 (AS 2022 385, 491; BBl 2020 6069).
Art. 18e In connection with licences under Articles 4, 5 and 8
1 The FOPH and Swissmedic may process the following personal data, provided it is required in order to grant licences pursuant to Articles 4 and 5 and exceptional licences pursuant to Article 8 paragraphs 5–8 or to verify compliance with such licences: a. details of any administrative or criminal prosecutions of applicants under Articles 4, 5 and 8 paragraphs 5–8; b. details required to identify the patients; and c. relevant medical data related to restricted medical use in accordance with Article 8 paragraph 5 letter a. 2 The Federal Council shall specify: a. the data that may be processed; b. the retention periods.
Art. 18e — Amended by No I of the FA of 19 March 2021, in force since 1 Aug. 2022 (AS 2022 385; BBl 2020 6069).
Art. 18f In connection with medicinal cannabis products
1 The FOPH shall operate an information system to process data under Article 8b. 2 Doctors who treat persons with medicinal cannabis products must record the data required for data collection under Article 8b. Data on patients must be recorded in pseudonymised form. 3 The Federal Council shall specify: a. the data required for data collection under Article 8b, in particular on side effects; b. the frequency and time of data collection; c. the doctors’ rights of access in accordance with paragraph 2; d. the technical and organisational aspects of the data collection system; e. the retention periods for the data; f. the publication of the statistical analyses. 4 It may stipulate that data need no longer be recorded if new data is no longer required for the scientific evaluation under Article 8b paragraph 2.
Art. 18f — Inserted by No I of the FA of 19 March 2021, in force from 1 Aug. 2022 until 31 July 2029 (AS 2022 385; BBl 2020 6069).