English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Material scope of application
1 This Act applies to post and telecommunications surveillance ordered and carried out: a. in the course of criminal proceedings; b. in execution of a request for mutual legal assistance; c. in the search for missing persons; d. in tracing persons on whom a custodial sentence or custodial measure has been imposed; e. within the scope of the Intelligence Service Act of 25 September 2015 (IntelSA); f. in the course of mobile phone localisation in accordance with the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security (ISA). 2 For information on payment transactions subject to the Postal Services Act of 17 December 2010 (PostA), the provisions on the duties to testify and to provide information to an authority apply.
Para. 1 let. e — See Art. 46 No 1. Para. 1 let. e — SR 121 Para. 1 let. f — Inserted by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751). Para. 1 let. f — SR 120 Para. 2 — SR 783.0
Art.2 Personal scope of application
This Act establishes duties to cooperate for the following persons and entities (entities obliged to cooperate): providers of postal services under the PostA; providers of telecommunications services under Article 3 letter b of the Telecommunications Act of 30 April 1997 (TCA); providers of services which are based on telecommunications services and enable one-way or multipath communication (providers of derived communications services); operators of internal telecommunications networks; persons who grant third parties access to a public telecommunications; professional retailers of cards and similar means which permit access to a public telecommunications network.
SR 783.0 SR 784.10
Art.3 Surveillance service
1 The Confederation shall operate a service for post and telecommunications surveillance under Article 269 of the Swiss Criminal Procedure Code (CrimPC) (the Service). 2 The Service shall perform its tasks autonomously. It is not subject to instructions and is only administratively assigned to the Federal Department of Justice and Police (FDJP). 3 The licensing and supervisory authorities responsible for matters of post and telecommunications, the prosecution authorities and the Service work together in its area of responsibility.
Para. 1 — SR 312.0
Art. 4 Processing personal data
The Service, the ordering authorities, the approving authorities and the providers of postal and telecommunications services may process the personal data, including sensitive personal data, that they need to order, approve and carry out surveillance.
Art. 4 — Amended by Annex 1 No II 66 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art.5 Advisory body
1 The FDJP may set up an advisory body comprising representatives of the FDJP, the Service, the cantons, the prosecution authorities, the Federal Intelligence Service (FIS) and the providers of postal and telecommunications services. 2 The advisory body shall facilitate an exchange of experiences and opinions between the representatives referred to in paragraph 1. It shall examine revisions to this Act and the implementing provisions and changes in official practice in order to promote the proper conduct of surveillance and continuous further development in this area. It shall express its opinion on draft revisions and may make recommendations on its own initiative. 3 The FDJP shall regulate the composition and organisation of the advisory body and the procedures it has to follow.
Para. 1 — See Art. 46 No 1.